Century Indemnity Co. v. Winick

Appellate Division of the Supreme Court of New York

Century Indemnity Co. v. Winick

3 A.D.2d 676, 159 N.Y.S.2d 235, 1957 N.Y. App. Div. LEXIS 6603

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 28, 1957

StatusPublished

This text of 3 A.D.2d 676 (Century Indemnity Co. v. Winick) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Century Indemnity Co. v. Winick, 3 A.D.2d 676, 159 N.Y.S.2d 235, 1957 N.Y. App. Div. LEXIS 6603 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to set aside a conveyance as fraudulent, the appeal is from an order denying a motion to dismiss the complaint for insufficiency, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, and to vacate, set aside and cancel a lis pendens, pursuant to section 123 of the Civil Practice Act. Appellant in his brief states this court in its discretion has power to cancel the lis pendens pursuant to section 124 of the Civil Practice Act. Order affirmed, with $10 costs and disbursements. An application for relief under section 124 of the Civil Practice Act should be made in the first instance at Special Term. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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In an action to set aside a conveyance as fraudulent, the appeal is from an order denying a motion to dismiss the complaint for insufficiency, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, and to vacate, set aside and cancel a lis pendens, pursuant to section 123 of the Civil Practice Act. Appellant in his brief states this court in its discretion has power to cancel the lis pendens pursuant to section 124 of the Civil Practice Act. Order affirmed, with $10 costs and disbursements. An application for relief under section 124 of the Civil Practice Act should be made in the first instance at Special Term. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

3 A.D.2d 676, 159 N.Y.S.2d 235, 1957 N.Y. App. Div. LEXIS 6603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/century-indemnity-co-v-winick-nyappdiv-1957.