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SAMUELS v. SAMUELS

33 Misc.2d 248 (1961)

Sylvia Samuels, Plaintiff, v. James E. Samuels et al., Defendants.

Supreme Court, Special Term, Queens County.

December 11, 1961

Attorney(s) appearing for the Case

Flynn & Nussinow for defendants. Sereni, Herzfeld & Rubin for plaintiff.

GEORGE P. STIER, J.

Motion by the female defendant to cancel a lis pendens upon the filing of an undertaking. Cross motion by plaintiff for leave to serve a supplemental and amended complaint in the form proposed and to vacate the note of issue already filed herein and strike the action from the calendar.

Section 124 of the Civil Practice Act authorizes the cancellation of a lis pendens

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