Order Denying Motion to Cancel Lis Pendens, 13 From Which Appeal is Taken. on the 3rd day of October, 1921, and said motion having duly come on to be heard and upon reading the summons and complaint heretofore filed herein and upon reading and filing the said order to show cause and the affidavit of Frederick S. Taggart, verified the 16th day of November, 1921, in support of said motion and the affidavit of Robert C. Beatty, verified the 19th day of November, 1921, in opposition thereto and upon hearing Frederick S. Taggart of Counsel for the defendant in support of said motion and Robert C. Beatty, of Counsel for the plaintiff in opposition thereto and briefs having been submitted and due consideration having been had, Now upon motion of OLNEY & COMSTOCK, attorneys for the plaintiff, it is ORDERED, that the said motion be and the same hereby is denied with Ten ($10.00) Dollars costs to be paid by the defendant to the plaintiff. Enter JOSEPH MORSCHAUSER, Notice of Settlement of the foregoing proposed order is hereby waived. 14 15 FREDERICK S. TAGGART, Attorney for Defendant. Indorsement-Notice of entry of order on December 12, 1921. Admission of service of order by attorney for defendant December 20, 1921. 16 17 Order to Show Cause, Read on Behalf of The 18 Upon the summons and complaint herein, and upon the annexed affidavit of Frederick S. Taggart, attorney for the defendant, verified the 16th day of November, 1921. Let the plaintiff or their attorneys show cause at a Special Term of the Supreme Court, thereof, to be held at the Court House in the City of White Plains, County of Westchester on Monday the 21st day of November, 1921, at the hour of 10:00 o'clock in the morning, or as soon thereafter as counsel can be heard, why an order should not be made cancelling and annulling the notice of the pendency of the action, filed in the above entitled action on the 3rd day of October, 1921, upon that certain piece of property, land, and real estate owned by the defendant, the Mount Vernon Metal Products Company, situated in the City of Mount Order to Show Cause, Read on Behalf of The De- 19 fedant, The Mount Vernon Metal Products Company, Inc. Vernon, in said Westchester County, in the State of New York, and which real estate is described as follows to wit: Beginning at a point formed by the intersection of the westerly side of South Third Avenue with the southerly side of a continuation of East Seventh Street from the easterly line of South Fifth Avenue (said continuation of East Seventh Street being formed by projecting the lines of East Seventh Street as it now exists to the west 20 of South Fifth Avenue in a straight line toward the east until they meet the westerly side of South Third Avenue), running thence along the westerly side of South Third Avenue the following courses and distances: South 21 degrees 33′ 45′′ East, fifty-two and 66/100 (52.66) feet; South 26 degrees 1′ 27′′ East, eighty-six (86) feet; South 16 degrees, 47' 11" East, thirty-four and 92/100 (34.92) feet; South 26 degrees 25′ 3′′ East, thirteen and 42/100 (13.42) feet, thence leaving the westerly line of South Third Avenue and running South 85 degrees 0', West one hundred and four and 63/100 feet, thence North 24 degrees 14' West one hundred 21 and eighty-eight and 65/100 (188.65) feet to the southerly side of the said continuation of East Seventh Street, and thence North 85 degrees 0', East along the said Southerly side of the said continuation of East Seventh Street one hundred and ten and 62/100 (110.62) feet to the point or place of beginning. Upon the grounds that said action is not brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of the real property above described, or any portion 22 Order to Show Cause, Read on Behalf of The Defedant, The Mount Vernon Metal Products 23 24 Company, Inc. thereof, and that the plaintiff in said action is not entitled to file a notice of the pendency of said action against said real estate above mentioned and described or any part thereof, and For the further reason that the aforementioned complaint and the notice of pendency of action include, and are intended to operate upon personal property belonging to the defendant, in no wise subject to a notice of pendency of action or to sale thereunder, and further Why defendants should not have such other and further relief as the Court may deem just, together with the costs of this motion. Sufficient reason appearing to me, therefore service of a copy of this order, together with a copy of the affidavit of said Frederick S. Taggart upon the plaintiffs or their attorneys on or before the 17th day of November, 1921 shall be deemed sufficient. (Signed) JOSEPH MORSCHAUSER, Justice of the Supreme Court. J. S. C. Indorsement-Index No. 2275, Year 1921 New York Supreme Court, County of Westchester The Mount Vernon Company, Silversmiths, Inc., Plaintiff vs. The Mount Vernon Metal Products Company, Inc., Defendant Order to show cause why notice of pendency of action should not be cancelled Frederick S. Taggart, Attorney for Defendant, 15 Maiden Lane, New York. To Olney & Comstock, Attorneys for Plaintiff. Due and timely service of a copy of the within order to show cause is hereby admitted. Dated, New York, Nov. 17, 1921 /S/ Olney & Comstock, Attorneys for Plaintiff. Affidavit of Frederick S. Taggart, Read on Behalf of the Defendant, The Mount Vernon Metal Products Company, Inc. NEW YORK SUPREME COURT, COUNTY OF WESTCHESTER. THE MOUNT VERNON COMPANY, SILVERSMITHS, INC., 25 FREDERICK S. TAGGART, being duly sworn, deposes and says: 1. That he is the attorney for the Mount Vernon Metal Products Company, the defendant herein, and is familiar with the facts involved in the above entitled suit, and qualified to make this affidavit. 2. That the defendant is the owner in fee of certain lands, together with the buildings thereon erected, particularly described as that certain lot or parcel of land in the City of Mount Vernon, County of Westchester, and State of New York, bounded and described as follows: Beginning at a point formed by the intersection of the westerly side of South Third Avenue with the southerly side of a continuation of East Seventh Street from the easterly line of South Fifth 27 |