Schenkein v. Horowitz

The defendant Gernhardt seeks, hy this motion, to cancel the lis pendens filed in this action hy a deposit of money or the giving of an undertaking pursuant to section 1671 of the Code of Civil Procedure, as amended by chapter 60 of the Laws of 1905. That section, among other things, provides that such cancellation may be ordered, except in certain actions named, where it shall appear to the court that “ adequate relief can be secured to the .plaintiff by a deposit of money, or in the discretion of the court by the giving of an undertaking.” In Tishman v. Acritelli, 111 App. Div. 237,…