Klunder v. Hansen

This is a motion to cancel the Us pendens filed in the office of the Herkimer County Clerk on June 30, 1947. It appears that no complaint has been filed in the Office of the County Clerk of Herkimer County which is the county in which is located the property described in the Us pendens, and that actual service of the summons has not been made on either of the defendants although the summons was delivered to the sheriff on June 28, 1947, for that purpose.

The right to file a lis pendens is given by section 120 of the Civil Practice Act and strict compliance with that section is. required.…