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Matter of Mortan v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 869 (N.Y. App. Div. 1923)

Opinion

November, 1923.


Order reversed upon the law, with ten dollars costs and disbursements, and application denied, with ten dollars costs, with leave to respondent to renew his application upon proof that no lis pendens has been filed in the action alleged in appellant's affidavit. If such lis pendens has in fact been filed the lien cannot be canceled; if not, it is within the discretion of the Special Term whether or not under all the facts appellant's lien should be canceled. Kelly, P.J., Rich, Kelby, Young and Kapper, JJ., concur.


Summaries of

Matter of Mortan v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 869 (N.Y. App. Div. 1923)
Case details for

Matter of Mortan v. Marino

Case Details

Full title:In the Matter of the Mechanic's Lien upon the Real Property Claimed by…

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

Date published: Nov 1, 1923

Citations

207 App. Div. 869 (N.Y. App. Div. 1923)