John H. Dair Building Construction Co. v. Mayer

Appeal from an order of the Supreme Court, Nassau County, dated September 26, 1968, which granted a motion pursuant to CPLR 6515 to cancel a notice of pendency upon the filing by defendant Thora Rose Mayer ,of a surety company undertaking in the amount of $31,500. Order modified, on the law and the facts, by deleting the figure $31,500 in the first ordering paragraph and in the paragraph .immediately thereafter and by substituting therefor the figure $42,000. As so modified, order affirmed, without costs. The lis pendens filed by plaintiffs .did not create a lien upon the property owned by…