Legal Opinion

Werner v. Jackson

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

Decided October 19, 1906PublishedCited by 1 opinion

Appeal by the plaintiff, Sigmund Werner, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the comity of ¡New York on the 4th day óf May, 1906.

1Per curiam

This is an appeal from an order of Special Term canceling a lis pendens upon giving security. The judgment demanded by the complaint was that the defendant Simon P. Flannery be decreed to specifically perform a contract for the conveyance of real estate in the city, of New York, and that in the alternative the plaintiff be decreed or adjudged to have a lien for the amount dejiosited upon the execution of the contract.

It has been determined in this department that the right of-the plaintiff to retain the notice of pendency of action in an action for a decree for specific performance of the…

2Cases cited1 opinion

  1. Tishman v. AcritelliAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by1 opinion

  1. Sunshine v. AinspanNew York Supreme Court · 1962

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