Schomacker v. . Michaels
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 25, 1907, which reversed an order of Special Term denying a motion to cancel a Us pendens and granted said motion. The facts, so far as material, and the questions certified are stated in the opinion. This action, being brought to enforce a vendor’s lien, is within section 1670 of the Code of Civil Procedure.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 25, 1907, which reversed an order of Special Term denying a motion to cancel a Us pendens and granted said motion. The facts, so far as material, and the questions certified are stated in the opinion. This action, being brought to enforce a vendor’s lien, is within section 1670 of the Code of Civil Procedure. (W. U. T. Co. v. Shepard, 169 N. Y. 180; McWhorter v. Stewart, 39 App. Div. 214; Hubbell v. Hendrickson, 175 N. Y. 175; Chase v. Peck, 21 N. Y. 581;…
1Opinion of the Court
Cullen, Ch. J.
Prior to May 19tli, 1904, the plaintiff was the owner in fee simple of a plot of land with the building thereon fronting on Park, or Fourth, avenue, in the city of 27ew York, upon which avenue there had been erected an elevated railroad structure and then in use by the 27ew York Central and 17. Y. & Harlem railroad companies. The plaintiff had brought an action against the railroad companies for the fee and rental damages resulting from the construction of the railroad. Pending the suit and on May 10, 1904, he sold and conveyed the property to Belle A. Quay, reserving by the…
2Cases cited4 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Mills v. . BlissNew York Court of Appeals · 1873
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
- McKenna v. Brooklyn Union Elevated RailroadNew York Court of Appeals · 1906
3Cited by30 opinions
- Interboro Operating Corp. v. Commonwealth Security & Mortgage Corp.New York Court of Appeals · 1935
- Richards v. ChubaNew York Supreme Court · 1949
- Whelan v. BusielloAppellate Division of the Supreme Court of the State of New York · 2023
- Kauffman v. SimisAppellate Division of the Supreme Court of the State of New York · 1913
- Hercules Chemical Co. v. VCI, Inc.New York Supreme Court · 1983
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