Moeller v. Wolkenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bertha Wolkenberg, from an Order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the tth day of November, 1901, denying the defendant’s motion to cancel a notice of lis pendens filed by the plaintiff in the action.
1Opinion of the Court
O’Brien, J.:
The plaintiff has filed a notice of Us pendens against the defendant’s property, which the latter has moved to vacate on the ground that the action is not one in which such a notice may be filed. '
The parties are owners of adjoining houses and lots, which are separated by a party wall standing between the lots. The defend, ant, according to the plaintiff, has failed to provide proper support for his (plaintiff’s) land and building, in erecting upon her premises a new six-story and basement building, which is partly completed, and has .used and is using for the easterly wall…
2Cases cited1 opinion
- Mills v. . BlissNew York Court of Appeals · 1873
3Cited by6 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- In re the Estate of SabatinoNew York Surrogate's Court · 1977
- Penataquit Ass'n v. FurmanNew York Supreme Court · 1953
- Lafayette Forwarding Co. v. Rothbart Garage Operators, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Ottinger v. Arenal Realty Corp.New York Supreme Court · 1930
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