MATTER OF EMPRESS GARDENS, INC. v. SMITHTOWN WATER CO., INC.


40 Misc.2d 778 (1963)

In the Matter of Empress Gardens, Inc., Petitioner, v. Smithtown Water Co., Inc., Respondent.

Supreme Court, Special Term, Nassau County.

September 17, 1963


Attorney(s) appearing for the Case

Barsha & Cohen for petitioner. Charles H. Stoll for respondent.


DANIEL G. ALBERT, J.

On this motion, the petitioner seeks an order canceling a notice of pendency of an action, and an undertaking, filed with the court to discharge a mechanic's lien. The application was commenced by notice of motion and petition, and served on the respondent's attorney. The respondent claims that the service is defective, and that the proceeding must be initiated by an order to show cause in which the court directs the manner and time...

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