Siegel v. Silverstone

Order cancelling notice of pendency of action reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The purpose *785for which the action is brought must be determined from the complaint. (Wolinsky v. Okun, 111 App. Div. 536; Mills v. Bliss, 55 N. Y. 139.) The primary purpose of the complaint herein is to impress a trust in favor of the plaintiff upon a leasehold and is one of the causes of action authorizing the filing of a notice of pendency of action by section 120 of the Civil Practice Act. (Keating v. Hammerstein, 196 App. Div. 18;…