New York Court of Appeals

Reuben T. Israelson v. Charles L. Bradley

May 26, 1955308 N.Y. 511

Summary

The Court of Appeals reversed the Appellate Division and Special Term orders, granting the motion to cancel the lis pendens because the plaintiff failed to serve the summons within the sixty‑day period required by §120 of the Civil Practice Act, and held that no statutory authority permits filing a second notice in another court after such failure.