Appellate Division of the Supreme Court of New York, 1922

Mount Vernon Co. v. Mount Vernon Metal Products Co.

Mount Vernon Co. v. Mount Vernon Metal Products Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1922
202 A.D. 753
Mount Vernon Co. v. Mount Vernon Metal Products Co.

Opinion of the Court

Order denying motion to cancel lis pendens reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, and notice *754of pendency of action canceled. The action as disclosed by the complaint being one to recover upon a personal obligation, and having no relation to the real estate described, the filing of the notice was improper, the same not being within the purview of section 120 of the Civil Practice Act. (See Brox v. Riker, 56 App. Div. 388; St. Regis Paper Co. v. Santa Clara Co., 62 id. 538; Kings-Bright Const. Co. v. Loizeaux Lumber Co., 140 id. 147; Behrens v. Sturges, 121 id. 746.) Rich, Kelly, Jaycox, Manning and Young, JJ., concur.

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