Caracas Realty Corp. v. Jeremias

In an action grounded in fraud defendant Jeremías moves for summary judgment dismissing the complaint and for an order canceling the lis pendens which was filed on May 3,1961.

The right granted to a plaintiff to incumber defendant’s real property, which in no way affects its cause of action, is a statutory, though permissive right. There must be strict compliance with the statute for it is “ an extraordinary privilege which has been granted to a litigant upon the mere filing of the notice of a pendency of action” (Israelson v. Bradley, 308 N. Y. 511, 516). As service of the summons upon the…