Appellate Division of the Supreme Court of the State of New York April 10, 1908 (Brown v. Mando)

Scott, J.:

' The defendant appeals from an order denying his motion to cancel a lis pendens. The action is by a vendee against a vendor to enforce a contract for the sale of real property. The Us pendens was filed on November 14, 1907, and an amended notice of pendency of action, with an amended summons and complaint, was filed on November 18, 1907.