63d St. Theatres, Limited, Inc. v. Mansion Estates, Inc.

Prior to the amendment enacted at the last

session of the Legislature (Laws of 1930, chap. 287, effective April 3, 1930), section 124 of the Civil Practice Act permitted the court (except in actions to foreclose a mortgage or for the partition of real property or for dower) to cancel a Us pendens where “ it shall appear *286to the court that adequate relief can be secured to the party filing the same by a deposit of money or in the discretion of the court by the giving of an undertaking.” The cases decided under this section had, however, all taken the view that where the complaint demanded a…