Kings-Bright Construction Co. v. J. D. Loizeaux Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the J. D. Loizeaux Lumber Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 15th day of June, 1910, denying the defendant’s motion to cancel and set aside the notice of pendency of action theretofore filed herein,
1Opinion of the Court
Woodward, J.:
The'plaintiff alleges, and it does not appear to be seriously disputed, that it was the owner of a group of thirty-three houses on Eighty-third and Eighty-fourth streets, and a second group of seventeen houses on Avenue 0, borough of Brooklyn; that it became financially embarrassed and entered into a contract with the defendant, a foreign corporation, under the terms of which the defendant undertook to make use of any moneys it might be able to raise upon mortgages to be placed upon the property above mentioned to pay the obligations of the plaintiff; that upon this consideration…
2Cited by1 opinion
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