Kennedy v. Hall

The prayer of the complaint is not only that the plaintiff have a lien upon the real property in suit for the amount of his deposit, etc., but that in case the defendant becomes able to convey good title he be directed to specifically perform the contract. Since something more" than the payment of a sum of money is asked the Us pendens should not be canceled by a deposit of money or by the giving of an undertaking pursuant to section 1671 of the Code of Civil Procedure. Tishman v. Acritelli, 111 App. Div. 237; Schenkein v. Horowitz, 51 Misc. Rep. 80. It is urged by the defendant, however,…