NOKELTY v. MILBETT CONSTR. CORP.


37 Misc.2d 296 (1962)

Dolores M. Nokelty, Plaintiff, v. Milbett Construction Corp. et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 5, 1962


Attorney(s) appearing for the Case

Sordi & Bottitta for plaintiff. Flynn & Nussinow for defendants.


BERNARD S. MEYER, J.

The complaint herein alleges that defendant converted soil on plaintiff's land and spread it upon other land of defendant. The first cause of action is for treble damages; the second cause of action seeks enforcement of an equitable lien. Defendant moves to cancel the lis pendens because it was not filed in good faith, or in the alternative to bond the lien.

Since plaintiff...

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