Ronga v. Alpern

This is an application to cancel a lis pendens by the giving of an undertaking. The parties entered into a contract by which plaintiff was to purchase defendant’s house for the price of $35,000. Plaintiff paid $3,500 upon the execution of the contract. At the closing a dispute developed concerning an encroachment.

Shortly thereafter plaintiff served a summons and complaint asking for the return of the $3,500 and seeking to impress a vendee’s lien therefor and also filed a notice of pendency with respect to such relief. Defendant, having vacated from the premises for the purpose of the sale to…