Milman v. Denniston

Defendant moves for an order, pursuant to section 123 of the Civil Practice Act, canceling and discharging of record the lis pendens filed by the plaintiff herein, “ upon the ground that the complaint was dismissed for failure to state *211a cause of action.” The plaintiff cross moves for an order “ resettling the judgment entered herein on September 3rd, 194 G by adding thereto a decretal provision expressly dismissing the complaint herein, so as to correct the defect in form of said judgment which has barred a review thereof by the Court of Appeals.”

On July 1, 1946, plaintiff commenced this…