Steinmetz v. Kindred
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary E. Kindred, from an order of the Supreme Court, made at the Kings' County Special Term and entered -in the office of the clerk of the county of Queens on the 2ftli day of August, 1906, denying the said defendant’s motion to cancel a notice of pendency of the action.
1Opinion of the Court
Gaynor, J.:
■ This is a suit to enforce specific performance of a contract to convey real estate. The appellant is the owner of the real ’ estate, *261but did not make the contract. Section 1670 of the Code of Civil Procedure permits a notice of the pendency of the action to be filed with the complaint before the service of the summons, but requires, in that case, that the summons be served personally on “a defendant ” within sixty days after such filing, or else that publication of the summons be commenced or service thereof be made without ' the state, pursuant to an order for that way of…
2Cases cited1 opinion
- Levy v. KonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Shostack v. HaskellNew York Supreme Court · 1921