Starkie v. Nib Construction Corp.

235 A.D. 699 | N.Y. App. Div. | 1932

Order reversed on the law, with ten dollars costs and disbursements, and motion granted. Civil Practice Act, section 120,* did not authorize the filing of a lis pendens. No claim is made in the complaint against the property of the defendant. (Ackerman v. True, 44 App. Div. 106; McManus v. Weinstein, 108 id. 301.) Lazansky, P. J., Young, Carswell, Tompkins and Davis, JJ., concur.