Gregdon Corp. v. Fierro

Motion for an order canceling notice of pendency of an action. The defendant is the owner of premises immediately adjoining the premises of the plaintiff. The com*531plaint alleges that the defendant heretofore erected a building on his premises, the easterly wall of which rests on footings which encroach upon the plaintiff’s premises to the extent of at least seven inches; that the defendant has no right, title or interest to that portion of plaintiff’s premises; that the encroachment is unlawful, depreciates- the plaintiff’s property and renders it less valuable. The plaintiff seeks a mandatory…