TINKESS v. BURNS


24 Misc.2d 1014 (1959)

Garnet M. Tinkess et al., Plaintiffs, v. Chester D. Burns et al., Defendants.

Supreme Court, Special Term, Jefferson County.

September 16, 1959.


Attorney(s) appearing for the Case

E. J. Carter and Carl O. Bachman for defendants. Lewis H. Ford for plaintiffs.


HENRY A. HUDSON, J.

The defendants have moved to cancel the lis pendens filed in the Jefferson County Clerk's office in this action on the 7th day of May, 1959 upon the ground, first, that the complaint in the action was not verified and, second, that as appears from the complaint, the cause of action stated therein is for a rescission and not one to impress a lien and, therefore, that it is not in its...

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