Wilmont v. Meserole
The Superior Court of New York City
Appeal from an order, made at special term, denying defendant’s motion for an order, directing the clerk of the City and County of New York to cancel of record, a notice of Us pendens, filed in this action. The action was brought on or about July 1, 1874, for the purpose of procuring the avoidance and cancellation of record of an assignment of lease, executed by plaintiff to defendant.
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Appeal from an order, made at special term, denying defendant’s motion for an order, directing the clerk of the City and County of New York to cancel of record, a notice of Us pendens, filed in this action. The action was brought on or about July 1, 1874, for the purpose of procuring the avoidance and cancellation of record of an assignment of lease, executed by plaintiff to defendant. On that day, the plaintiff filed in the office of the clerk of the City and County of New York, a notice of the pendency of the suit. The lease transferred to defendant by such assignment, was for a term of…
1Opinion of the Court
By the Court.—Sanford, J.
In actions affecting the title to real property, notices of Us pendens may be filed, and subsequent purchasers and incumbrancers *276are bound by all proceedings taken after the filing of such notices, to the same extent as if made parties to the action (Code, § 132). In Pratt v. Hoag (5 Duer 631), it was held by this court at special term, that the right accorded by this section is absolute and unqualified, and that the court cannot rightfully interfere to remove from the files of the clerk of the county, a paper in proper form, regularly filed, under the authority of…
2Cases cited3 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Mills v. . BlissNew York Court of Appeals · 1873
- Pratt v. HoagThe Superior Court of New York City · 1856