 | New York (State) - 1880 - 832 pages
...action counterclaim, upon which he demands an affirmative ludejbyde~ «••!•! • tendant, ment affecting the title to, or the possession, use, or enjoyment of, real property, he may, at the time of filing his answer, or at any time afterwards before final judgment, file a like... | |
 | New York (State) - 1881 - 1532 pages
...action by defendant, — Where a defeudant sets up in his answer a counterclaim, upon which hedemands an affirmative judgment affecting the title to, or...the possession, use, or enjoyment of, real property, he may, at the time of filing his answer, oral any time afterwards before liual judgment, file a like... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1881 - 682 pages
...in real estate can result. Section 1670 of the Code provides that in an action brought to recover a judgment affecting the title to, or the possession, use or enjoyment of real property, the plaintiff may, when h-0 files the complaint, or at any time afterwards before finai judgment, file... | |
 | Austin Abbott - 1883 - 602 pages
...— which authorizes the filing of a notice of pendency of action "in an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of real property," — a notice duly filed the court cannot cancel on the ground that the plaintiff has not a sufficient... | |
 | New York (State), Charles David Rust - 1885 - 814 pages
...treasury, as otliev county charges. §1673. Where a defendant sets np in his answer a counterclaim, upon which he demands an affirmative judgment, affecting...the possession, use, or enjoyment of, real property, he may, at. the time of filing his answer, or at any lime afterwards before final judgment, file a... | |
 | Arthur George Sedgwick, Frederick Scott Wait - 1886 - 956 pages
...New York, it is now provided by statute, that the plaintiff may, in an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of real property, file a notice of the pendency of the action in the clerk's office of each county where the laud is... | |
 | 1887 - 814 pages
...county charges. § 1673. Where a defendant sets up in his answer a counterclaim, upon which he demanda an affirmative judgment, affecting the title to, or...the possession, use, or enjoyment of, real property, he may, at the time of filing his answer, or at any time afterwards before final judgment, file a like... | |
 | 1907 - 1220 pages
...sustained, but, where there is no allegation in the complaint upon which a judgment could be recovered affecting the title to, or the possession, use, or enjoyment of, real property, the notice of pendency of the action was improperly filed, and it should be canceled. Order reversed, with... | |
 | 1906 - 1270 pages
...* * It is only where it is apparent from the complaint that the action is not brought to recover a Judgment affecting the title to, or the possession, use, or enjoyment of, real property — that is. that such is not the purpose of the action — that a court on motion may direct the cancellation... | |
 | New York (State), Charles David Rust - 1889 - 864 pages
...treasury, as other county charges. § 1673. Where a defendant sets up in his answer a counterclaim, upon which he demands an affirmative judgment, affecting...the possession, use, or enjoyment of, real property, he may, at the time of filing his answer, or at any time afterwards before final judgment, file a like... | |
| |
Where a defendant sets up in his answer a counterclaim, on which he demands an affirmative judgment affecting the title to, or the possession, use, or enjoyment of, real property... 
