Legal Opinion
Frederick v. Baxter Arms Corp.
District Court, E.D. New York
Decided June 16, 1941No. 8565PublishedCited by 3 opinions
1Opinion of the Court
ABRUZZO, District Judge.
This is a motion for an order to cancel and discharge the notice of pendency of this action filed in the office of the Clerk of the County of Queens on October 6, 1939.
There is no opposition to .this motion.
The .only question before the court is whether or not it has the power to grant such a motion.
A memorandum in letter form has been submitted by the attorney for the defendants which states that the Supreme Court of the State of New York, Queens County, could not entertain a motion for an order to cancel the lis pendens for the reason that no action at any time was…
2Cases cited2 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- In re MillerNew York Supreme Court · 1909
3Cited by3 opinions
- McGregor v. McGregorDistrict Court, D. Colorado · 1951
- DiSabatino v. SaliceteSupreme Court of Delaware · 1997
- Cayuga Indian Nation of New York v. FoxDistrict Court, N.D. New York · 1982