Israelson v. Bradley

In an action for specific performance of a contract for the sale of real property, the appeal is from an order denying a motion to cancel a notice of pendency of action. Order affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel and Schmidt, JJ., concur. Beldoek, J., with whom Murphy, J., concurs, dissents and votes to reverse the order and to grant the motion, with the following memorandum: Where a notice of pendency is filed before the commencement of the action and process is not thereafter served within the time limited by section 120 of the Civil Practice…