Rosenhaus v. 305 W 97th, Inc.

Two motions are before the court. Both are by defendants seeking summary judgment dismissing the complaint or in the alternative canceling the lis pendens filed by plaintiffs on August 2,1957 upon the furnishing of an undertaking pursuant to the provisions of chapter 876 of the Laws of 1957. There are two such motions on behalf of the several defendants. Plaintiffs oppose these motions and upon the argument before the court indicated a willingness to have posted a security of $50,000. Defendants indicated an inability to furnish security in excess of $25,000 to relieve the lis pendens. Both…