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Order reversed • upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Under the facts and circumstances disclosed here, we think the cancellation of the Us pendens upon filing an undertaking for $80,000 was an improper exercise of discretion. Lazansky, P. J., Young, Hagarty, Seudder and Tompkins, JJ., concur.
Document Info
Docket Number: Appeal No. 1
Citation Numbers: 232 A.D. 840
Filed Date: 3/15/1931
Precedential Status: Precedential
Modified Date: 10/19/2024