William Iser, Inc. v. Garnett

This motion to cancel a lis pendens filed before the commencement of an action presents the question of whether completion of substituted service must be effected within *451the 30-day period following the filing of the notice of pendency of the action.

The facts of the ease are undisputed. The lis pendens was filed on February 17, 1965, and substituted service of summons was made on March 11, 1965 (CPLR. 308, subd. 3). Proof of service of summons was filed in the office of the Clerk of Nassau County on March 22,1965, and service of summons became complete within the purview of CPLR 308 (subd. 3)…