Legal Opinion

Levy v. Kon

Appellate Division of the Supreme Court of the State of New York

Decided July 24, 1906PublishedCited by 6 opinions

Appeal of the defendant, Charles Tasman, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of- Kings denying the said defendant’s motion to cancel a Us pendens.

1Opinion of the Court

Gaynor, J. :

This suit is to impress a trust on real property owned by the appellant. Section 1670 of the Code of Civil Procedure provides that where a Us pendens is filed personal service of the summons must be made on “a defendant” within sixty days thereafter, “or else, before the expiration of the same time, publication of the summons must be commenced, or service thereof must be made without the State, pursuant to an order obtained therefor, as . prescribed in chapter fifth of this act.”

It will be noticed that this does not provide for the case of substituted service on a resident…

2Cases cited1 opinion

  1. Cohen v. RatkowskyAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by6 opinions

  1. Israelson v. BradleyNew York Court of Appeals · 1955
  2. Gargano v. RubinAppellate Division of the Supreme Court of the State of New York · 1987
  3. Shostack v. HaskellNew York Supreme Court · 1921
  4. Lipschutz v. HortonNew York Supreme Court · 1907
  5. Steinmetz v. KindredAppellate Division of the Supreme Court of the State of New York · 1907

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