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DOT MORT HOLDING CORPORATION v. ZITO

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1934
241 App. Div. 692 (N.Y. App. Div. 1934)

Opinion

February, 1934.


Order granting respondent's motion to cancel lis pendens and discontinue the action modified by providing that the same is granted upon the payment by respondent of the principal of the lien with five per cent interest from February 15, 1933, and the costs and disbursements in the action, and as thus modified affirmed, with ten dollars costs and disbursements to the appellant. In the absence of circumstances warranting a denial of costs, which element is not present here, a plaintiff in an action for the foreclosure of a lien is entitled to costs on the discontinuance of the same at the instance of a junior lienor. ( Tuthill v. Morris, 81 N.Y. 94, 99, 100; Harvey v. Mooney, 168 App. Div. 169; Moran v. Pinchot, 176 id. 807; Kadin v. Samuels, 55 Misc. 442; Lewis v. Robinson, 78 App. Div. 579; Pratt v. Ramsdell, 16 How. Pr. 59, 62; Greater New York Charter, §§ 1035, 1038.) Young, Kapper, Hagarty, Carswell and Davis, JJ., concur. Settle order on notice.


Summaries of

DOT MORT HOLDING CORPORATION v. ZITO

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1934
241 App. Div. 692 (N.Y. App. Div. 1934)
Case details for

DOT MORT HOLDING CORPORATION v. ZITO

Case Details

Full title:DOT MORT HOLDING CORPORATION, Appellant, v. ANTONINO ZITO and Others…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1934

Citations

241 App. Div. 692 (N.Y. App. Div. 1934)

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