O'Connor v. Long

In an action to compel the removal of an alleged physical encroachment on appellants’ land, which encroachment is said to furnish lateral support to respondents’ adjoining land, and for damages, appellants filed a notice of pendency of action against respondents’ real property, under section 120 of the Civil Practice Act. Order granting respondents’ motion to cancel the notice affirmed, with $10 costs and disbursements. (Starkie V. Nib Constr. Corp., 235 App. Div. 699, and cases cited therein.) Nolan, P.J., Adel, Schmidt, Beldock and Murphy, JJ., concur.