Lipschitz v. Watson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Matone," from an order of the Supreme - Court,' made at the Kings County Special Term and -entered in the office of the'clerk óf the county of Kings on the 6th day of December, 1905, denying the said, defendant’s motion to-can cel a lis pendens herein, and also from an order entered in- said i . clerk’s office on the. 29th day. of December, 1905, denying the appellant’s motion for a reargument of said motion to cancel the Ms pendens and a…
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Appeal by the defendant, Frank Matone," from an order of the Supreme - Court,' made at the Kings County Special Term and -entered in the office of the'clerk óf the county of Kings on the 6th day of December, 1905, denying the said, defendant’s motion to-can cel a lis pendens herein, and also from an order entered in- said i . clerk’s office on the. 29th day. of December, 1905, denying the appellant’s motion for a reargument of said motion to cancel the Ms pendens and a resettlement of the order denying the same.
1Per curiam
We think the appellant’s motion for an order canceling the Ins pendens should have been granted. By section 1670 of the Code of Civil Procedure it is provided that while the notice of- Ms pendens paay be filed before the service of the summons,-in that ease personal service of the summons must be naade on a defendant ;within sixty days.'aftev the filing,- or else, before the. expiration of the same time, publication of the summons must be commenced, or service thereof ‘made without the State,' pursuant to an order obtained - therefor.' It is undisputed that the filing of the Ms pendens in…
2Cited by3 opinions
- Israelson v. BradleyNew York Court of Appeals · 1955
- Shostack v. HaskellNew York Supreme Court · 1921
- 17th Avenue & 73rd Street Corp. v. Ocean Operating Corp.Appellate Division of the Supreme Court of the State of New York · 1926