Sutton v. Sandler

13 N.Y.2d 861 Court N.Y. Decision date 1963-07-10 English

Contents

Majority

p. 861

Luna Sutton, Appellant, v. Eli L. Sandler et al., Respondents.

Submitted July 9, 1963;

decided July 10, 1963.

p. 862

Clarence 8. BarascJb for motion.

Bernard A. Sasloio opposed.

Motion denied on the ground that the timely appeal to the Court of Appeals automatically bars the granting of a motion for cancellation of a notice of pendency under section 123 of the Civil Practice Act, subject to the bonding exception contained in section 124.