SCHLAIFER v. SHELBY-COLERIDGE


206 Misc. 315 (1954)

Charles Schlaifer et al., Plaintiffs, v. Shelby-Coleridge, Inc., Defendant.

Supreme Court, Special Term, Westchester County.

April 13, 1954.


Attorney(s) appearing for the Case

David Friedman for defendant.

Gerlich & Powers for plaintiffs.


EAGER, J.

This is a motion by the defendant to cancel of record a notice of pendency of this action filed against the premises of the defendant. The authority for the filing of a notice of pendency is found in section 120 of the Civil Practice Act, which provides for the filing of such a notice "In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of real property". The question on this motion, therefore...

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