Cohen v. Biber
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, Herman Colien, from an order of the Supreme Court, made at the Kings County Special Term, bearing date tlie lltli day of September, 1907, and entered in the office of the clerk of tlie county of Kings, canceling and discharging of record a lis pendens.
1Opinion of the Court
Woodward, J.:
The plaintiff on the 26th day of June, 1907, brought an action for the specific performance of a contract against the defendants, and on that day filed the summons and complaint with its lis pendens in the office of the clerk of Kings county. On tlie 17th day of August, 190,7, the summons and complaint were delivered to the sheriff of Kings county for service, but said summons and complaint were not, in fact, personally served upon the defendants within the sixty days prescribed by section 1670 of. the Code of Civil Procedure, and a motion to have the lis pendens canceled was…
2Cases cited2 opinions
- Brandow v. VromanAppellate Division of the Supreme Court of the State of New York · 1898
- Brandow v. VromanNew York Supreme Court · 1898
3Cited by11 opinions
- Israelson v. BradleyNew York Court of Appeals · 1955
- Weisinger v. RaeNew York Supreme Court · 1959
- Deerfield Building Corp. v. Yorkstate Industries, Inc.New York Supreme Court · 1974
- Gargano v. RubinAppellate Division of the Supreme Court of the State of New York · 1987
- Shostack v. HaskellNew York Supreme Court · 1921
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