METZ v. FOREST HILLS HOMES


196 Misc. 623 (1949)

Albert Metz, Plaintiff, v. Forest Hills Homes, Inc., Defendant.

Supreme Court, Special Term, Queens County.

September 19, 1949.


Attorney(s) appearing for the Case

Thomas P. Cullen for plaintiff.

Jacob W. Friedman for defendant.


HALLINAN, J.

Motion by defendant for an order canceling a notice of pendency on the ground that the action is not one in which such a notice may be filed.

On July 19, 1948, plaintiff entered into an agreement with defendant to buy certain real property upon which defendant was to construct a building in accordance with certain plans. According to the complaint the building was not so constructed and defendant's representations that the property...

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