Legal Opinion

Cohen v. Ratkowsky

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 7 opinions

Appeal by the defendant, Bernard Ratkowsky, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day -of June, 1899, denying his motion to cancel of record a notice of pendency of action.

1Opinion of the Court

McLaughlin, J.:

Upon the 17th of February, 1899, the plaintiff filed a notice of the pendency of the action, and two days later he filed an amended notice. A motion was subsequently made by one of the defendants "to set aside and cancel of record both the original and amended "notice, and they were upon the the 28th of April, 1899, by an order -duly entered on that day, canceled upon the ground that the “ plaintiff had unreasonably neglected to proceed with the action.” On the fourth of May following the plaintiff filed another notice of pendency of the action, and the defendant Bernard…

2Cited by7 opinions

  1. Israelson v. BradleyNew York Court of Appeals · 1955
  2. Deerfield Building Corp. v. Yorkstate Industries, Inc.New York Supreme Court · 1974
  3. Levy v. KonAppellate Division of the Supreme Court of the State of New York · 1906
  4. Shostack v. HaskellNew York Supreme Court · 1921
  5. Brown v. MandoAppellate Division of the Supreme Court of the State of New York · 1908

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