Affidavit of Frederick S. Taggart, Read on Behalf 43 of the Defendant, The Mount Vernon Metal Products Company, Inc. a filing of the notice of pendency of action, and the continued physical possession of the defendant's property until a judgment can be recovered, is an attempt to embarrass and hinder the defendant in the exercise of his lawful rights in the conduct of his lawful business, and to retain possession and encumber the title of the defendant's property until such time as the plaintiff may be able to obtain a judgment, and if such a proceeding is not in contemplation of the statute, is an abuse of the processes of this Court, and that the notice of pendency, for the reasons herein stated, should be cancelled. 23. That the plaintiff in the notice of pendency of action attempts to include personal property belonging to the defendant in the buildings located on the described land and premises and attempts to impress a lien thereon and to encumber the right of the defendant therein, and that the notice of pendency of action cannot be filed against personal property, and that the same should be cancelled and annulled. 24. Deponent desires, for and on behalf of the defendant, that the notice of pendency of action should be cancelled of record, and that the Clerk of the County of Westchester be directed to enter on the margin of the record a note of cancellation 44 45 46 Affidavit of Frederick S. Taggart, Read on Behalf of the Defendant, The Mount Vernon Metal Products Company, Inc. 47 referring to the order of this Court. No previous application has been made for this order. (S) FREDERICK S. TAGGART. Sworn and Subscribed to before me) this 16th day of November, 1921. ) (S) WILLARD J. SHEA, Commissioner of Deeds for the Endorsement on notice papers to vacate lis pendens. 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. Affidavit. Frederick S. Taggart, Counselor at Law, Attorney for Defendant, 15 Maiden Lane, Borough of Manhattan, New York City. Due and timely service of a copy of the within affidavit is hereby admitted. Dated, New York, November 17, 1921, Olney & Comstock, Attorneys for Plaintiff. Summons, Read on Behalf of the Defendant, The Inc. NEW YORK SUPREME COURT, COUNTY OF WESTCHESTER. THE MOUNT VERNON COMPANY SILVERSMITHS, INC., Plaintiff, against THE MOUNT VERNON METAL PROD- Defendant. 49 50 To the above-named Defendant: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney, within twenty days after the service of this summons, exclusive of the day of service. In case of your failure to appear, or answer, judgment will be taken against you by default, for the relief demanded in the complaint. Dated, October 3rd, 1921. OLNEY & COMSTOCK, Attorneys for Plaintiff, Office and Post Office Address: 68 William Street, Borough of Manhattan, New York City. 51 52 53 Complaint, Read on Behalf of the Defendant, Plaintiff above named by Olney & Comstock, its attorneys, complaining of the defendant, alleges: I. That the plaintiff was at the times hereinafter mentioned and now is a stock corporation organized and existing under and by virtue of the 54 laws of the State of New York; that the principal business and the purpose for which the plaintiff company was organized was and is the manufacture of silverware and silver-plated ware; that, after its organization, it entered upon the manufacture of automobile hardware, as will hereinafter more fully appear; that the business of the plaintiff company is carried on at a plant owned, maintained and operated by it at Mount Vernon, Westchester County, State of New York. II. That the defendant, The Mount Vernon Metal Products Company, Inc., has been since Complaint, Read on Behalf of the Defendant, The 55 Mount Vernon Metal Products Company, Inc. about the eighteenth day of October, 1918, and now is a stock corporation organized and existing under and by virtue of the laws of the State of New York. III. That the principal business of the defendant, The Mount Vernon Metal Products Company, Inc., was until about the thirtieth day of January, 1920, the manufacture of metal castings at a plant owned, maintained and operated by it at Mount Vernon, Westchester County, State of New York, 56 which said plant is located on 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 Avenue (said continuation of East Seventh Street being formed by projecting the lines of East Seventh Street as it now exists to the west of South Fifth Avenue in a straight line toward the east until they meet the westerly side of South 57 Third Avenue), running thence along the westerly side of South Third Avenue the following courses and distances: South 21 degrees 33′ 45′′ East fiftytwo 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 O' West one hundred and four and 63/100 feet, thence North 24 degrees 14' West one hun |