Samuels v. Samuels

Motion by the female defendant to cancel a lis pendens upon the filing of an undertaking. Cross motion by plaintiff for leave to serve a supplemental and amended complaint in the form proposed and to vacate the note of issue already filed herein and strike the action from the calendar.

Section 124 of the Civil Practice Act authorizes the cancellation of a lis pendens upon the deposit of money or the giving of an undertaking, where such will secure adequate relief to the party filing the Us pendens, in any action “ other than an action to foreclose a mortgage or for the partition of real…