Novitsky v. Ruda

There is no point to the argument of the opposing attorney that the court has no power to cancel a notice of pendency *347before the expiration of the sixty-day period for making service of the summons. Here the motion to cancel the Us pendens is made not with reference to time, but with reference to the basic question as to whether or not the Us pendens was properly filed in so far as it pertains to the subject-matter as contemplated by section 120 of the Civil Practice Act. It was never intended that the court would be precluded from affording relief by way of cancellation until the sixty-day…