Legal Opinion

Deerfield Building Corp. v. Yorkstate Industries, Inc.

New York Supreme Court

Decided February 27, 1974PublishedCited by 6 opinions

1Opinion of the CourtJoseph F. .G-agliardi, J.

Defendant moves for an order pursuant to subdivision (a) of CPLR 6514 canceling two notices of pendency filed against certain real property. The underlying predicate in support of this motion is that a prior lis pendens filed against the same real property upon a complaint identical to those involved herein had been canceled by court order for failure to timely serve the summons as provided in CPLR 6512. Plaintiff contends that enactment of the Civil Practice Law and Rules abrogates prior judicial interpretation of predecessor legislation and that the issue presented is novel in that context.…

2Cases cited22 opinions

  1. Leitch v. . WellsNew York Court of Appeals · 1872
  2. Israelson v. BradleyNew York Court of Appeals · 1955
  3. Beman v. . ToddNew York Court of Appeals · 1891
  4. Marvin v. . MarvinNew York Court of Appeals · 1878
  5. Avery v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930

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3Cited by6 opinions

  1. Weiner v. MKVII-Westchester, LLCAppellate Division of the Supreme Court of the State of New York · 2002
  2. Bacalokonstantis v. NicholsAppellate Division of the Supreme Court of the State of New York · 1988
  3. American Motor Club, Inc. v. Neu (In Re American Motor Club, Inc.)United States Bankruptcy Court, E.D. New York · 1990
  4. Gargano v. RubinAppellate Division of the Supreme Court of the State of New York · 1987
  5. Coury v. TranNevada Supreme Court · 1995

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