CAPOBIANCO v. ROMAINE


21 Misc.2d 54 (1959)

Salvatore Capobianco et al., Plaintiffs, v. Edward T. Romaine et al., Defendants.

Supreme Court, Nassau County.

September 17, 1959.


Attorney(s) appearing for the Case

Booxbaum & Habermann for plaintiffs.

Sidney R. Siben for defendants.


FRED J. MUNDER, J.

In this action to rescind an executed contract to purchase real property located in Suffolk County and to impress a vendee's lien thereon for the amount of consideration already paid, the defendants move to cancel a notice of pendency of the action filed in Suffolk County on the ground that the plaintiffs have failed to serve a summons and complaint within 60 days of the filing of the said...

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