Appellate Division of the Supreme Court of the State of New York June 15, 1925 (Marpret Construction Corp. v. Hargust Land Corp.)

Order of the County Court of Kings county reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We think the court had no power to cancel a Us pendens except as provided by section 123 of the Civil Practice Act, or where the complaint itself fails to state a cause of action affecting real property.