Marsalone v. Courtney Corp.

ON MOTION TO DISMISS

Before LEMMON, BOUTALL and GARRISON, JJ. LEMMON, Judge.

This matter is before the court on a motion to dismiss a suspensive appeal.

This action commenced with a petition for a writ of mandamus, seeking to have the Recorder of Mortgages cancel a Notice of Lis Pendens recorded by Angelo Marsal-one in C.O.B. 2313, folio 671 in connection with other litigation between the parties. Although the petition sought cancellation only insofar as the inscription affected the immovable property at 444 Broadway, the prayer demanded cancellation of the entire inscription.

On December 7, 1978…