Fox v. T. E. Realty Co.

Order directing that the notice of pendency of the action be canceled of record, and order denying motion for reargument affirmed, with ten dollars costs and disbursements. No opinion. Jayeox, Manning, Young and Lazansky, JJ., concur; Kelly, P. J., dissents, with the following memorandum: I am unable to agree with my associates. I think the judgment demanded by the plaintiffs vitally affects the possession, use and enjoyment of the defendant’s premises, against which the notice of pendency of action .has been filed. If the plaintiffs succeed, the wall of defendant’s premises, which it is…