¶1Order vacating notice of pendency of action and dismissing complaint modified by striking out the provision for dismissal of complaint, and as so modified affirmed, without costs. We are of opinion that the complaint states a cause of action, *741but that as to the Us pendens the case is not within the statutory provision therefor. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.
219 A.D. 740
Snyder v. Pintel
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1927
Appellate Division of the Supreme Court of the State of New York · decided 1927-01-15
Decided 1927-01-15