Dorby Frocks, Ltd. v. Kohn

Carro, J.,

who dissents in a memorandum as follows: I would reverse to, in effect, continue our order holding the $613,432.06 (realized from the sale of the house) in escrow as security for plaintiff. The order appealed from canceled a lis pendens against defendant Marc W. Wilburne’s Connecticut house. Prior to perfection of this appeal plaintiff moved for a stay, so as to block a sale of the house. That application was denied but the proceeds noted above (after the mortgage was paid) were to be held in escrow. Aside from the general procedure of deeming the facts alleged in the complaint to…