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BRAUNSTON v. ANCHORAGE WOODS

10 N.Y.2d 302 (1961)

Louis K. Braunston et al., Respondents, v. Anchorage Woods, Inc., et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 16, 1961.

Attorney(s) appearing for the Case

Bernard Tannenbaum and David Halperin for appellants.

Jules Martin for respondents.

Judges FULD, FROESSEL and FOSTER concur with Judge VAN VOORHIS; Judge BURKE dissents in an opinion in which Chief Judge DESMOND and Judge DYE concur.

VAN VOORHIS, J.

This appeal concerns the construction of section 120 of the Civil Practice Act. Special Term granted defendants' motion to cancel a notice of lis pendens but on the filing of an undertaking for $10,000. Both sides appealed to the Appellate Division, the plaintiffs being aggrieved by the cancellation of the lis pendens and the defendants by so much of the order as directed the filing...

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