Sobieski v. North Division Holding Corp.

Defendants seek the cancellation of the Us pendens which has been filed herein.

Section 120 of the Civil Practice Act provides for the filing of a Us pendens in “an action brought to recover a judgment affecting the title to, or the possession, use or enjoyment of real property ”. Prom the complaint herein it appears, among other thing's: that plaintiffs conveyed certain promises to the defendant corporation, the purchase price being $200,000; that at the time of closing said corporation executed two bonds and mortgages for a total of $150,000, paid $25,000 and agreed to pay the balance of…