148 N.Y.S. 945 | N.Y. Sup. Ct. | 1914
“The question that must always be presented in an action of this kind is whether the complaint states a cause of action affecting the title to real property or the use, possession, or enjoyment thereof. If it does, and the complaint demands a judgment affecting the title to or the use, possession or enjoyment of real property, then the court cannot look to see whether the cause of action set forth in the complaint is one in which such a judgment can be granted; it is sufficient if such a judgment is asked for. Schomacker v. Michaels, 189 N. Y. 65, 81 N. E. 555.”
Tested by this rule, the filing of the amended notice of pendency of action was clearly authorized, for both the amended complaint and the demand for judgment are of the character indicated in the language just quoted.
Motion denied with $10 costs.