Brown v. Mando
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert F. Mando, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of February, 1908.
1Opinion of the Court
Scott, J.:
' The defendant appeals from an order denying his motion to cancel a lis pendens. The action is by a vendee against a vendor to enforce a contract for the sale of real property. The Us pendens was filed on November 14, 1907, and an amended notice of pendency of action, with an amended summons and complaint, was filed on November 18, 1907. The summons and complaint were not served upon defendant until January 20,1908, more than sixty days after the amended notice had been filed, and no attempt was made to effect substituted service. The notice of motion to cancel the Us pendens was…
2Cases cited1 opinion
- Cohen v. RatkowskyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Deerfield Building Corp. v. Yorkstate Industries, Inc.New York Supreme Court · 1974
- Skoler v. RimbergAppellate Division of the Supreme Court of the State of New York · 1963
- Napoli v. FrankAppellate Division of the Supreme Court of the State of New York · 1922
- Bancroft v. Interborough EstatesAppellate Division of the Supreme Court of the State of New York · 1909