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" 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... "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Page 75
1887
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The New York Code of Civil Procedure: Containing All Amendments to June 1 ...

New York (State) - 1907 - 1774 pages
...5 1O7O. [Am'd, 1OO4.] Notice of pendency of action by plaintiff. In ail action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property, if the complaint is verified the plaintiff may, when he files his complaint, or at any time afterwards...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 117

New York (State). Supreme Court. Appellate Division - 1907 - 1074 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 A.pp. Div.] First Department, January, 1907. property the notice of pendency of the action was improperly...
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A Treatise on the Law of Real Property, Volume 2

Alfred Gandy Reeves - 1909 - 926 pages
...New York statute, after providing for the filing of such a notice " in an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property," continues, in the following section: "Where a notice of the pendency of an action may be filed, as...
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The Court Rules of the State of New York and Bankruptcy Rules and Orders ...

New York (State). Courts - 1910 - 784 pages
...parties thereto, and the time and place of recording it. § 1670. In an action brought to recover a -judgment affecting the title to, or the possession, use, or enjoyment of, real property, if the complaint is verified the plaintiff may, when he files his complaint, or at any time afterwards...
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The New York Code of Civil Procedure: As it is January 1, 1905, with Notes ...

New York (State), George Bliss - 1912 - 602 pages
...435. h. Real property. — A lis pendens cannot be filed unless the action is brought to recover a judgment affecting the title to or the possession, use or enjoyment of real property; if such judgment is demanded the court will not look to see whether the cause of action set forth is...
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Report of the Board of Statutory Consolidation on the Simplification of the ...

New York (State). Board of Statutory Consolidation - 1915 - 466 pages
...Cancellation by deposit or undertaking " 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...
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Chase's Pocket Code: The Code of Civil Procedure of the State of New York ...

New York (State) - 1916 - 1682 pages
...action by defendant. Where a defendant sets up in his answer a counterclaim, upon which he demands au affirmative judgment affecting the title to, or the possession, use, or enjoyment of, real property, he may., at the time of filins his answer, or at any time afterwards before linal judgment, tile a...
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The New York Code of Civil Procedure: Containing All Amendments of 1917 with ...

New York (State) - 1917 - 1882 pages
...action i>> defendant. Where a defendant sets up in his answer a counterclaim, upon which he demands nn 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...
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Legislative Document, Volume 40, Issue 111

New York (State). Legislature - 1919 - 1508 pages
...sentences.] i § 125. Notice by defendant. 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 file a like notice at the time of filing his answer or at any time afterwards before final judgment^,...
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Practice in Special Actions in the Courts of Record ..., Volume 1, Pages 1-1096

James Newton Fiero - 1919 - 1012 pages
...for the unpaid purchase price and to compel the execution of a mortgage, is one brought to recover a judgment affecting the title to or the possession, use or enjoyment of real property, within the meaning of section 1070 of the Code of Civil Procedure. Small Realty Co. v. Strauss (1914),...
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