Charlotte Y. Ackerman, Respondent, v. Clarence F. True, Appellant

Charlotte Y. Ackerman, Respondent, v. Clarence F. True, Appellant. Lis pendens — describing land, adjoining a street, to prevent an encroachment oft ■ . which the action is brought-. In an action brought to enjoin the defendant from encroaching upon a street, and thereby interfering with the light, air and access to plaintiff’s premises, it iff improper for the plaintiff to file a lis pendens describing the land owned by tllQ defendant adjoining the street upon which the alleged encroachment is made, as such land is in no manner affected by the suit. Appeal by the defendant, Clarence F. True, from an order of the Supreme Court, made at the New York Special Term, bearing date the 12th day of September,. 1899, and entered in the office of the clerk of the county of New York, denying the defendant’s-motion to cancel the Us pendens heretofore filed in the action. Alfred B. Cruikshank, for the appellant. William J. Kelly, for the respondent. [MAJORITY — Van Brunt, P. J.:] Van Brunt, P. J.: This action was brought for an injunction and to recover damages claimed to be caused by the defendant encroaching upon the street, which encroachment interfered with light, air. and access to certain premises belonging to the plaintiff. In that action a Us pendens has been filed against the defendant’s land adjoining the street where these obstructions exist. The land described in the notice of Us pendens is in no manner affected by the suit and it is perfectly clear that it is an abuse of the process of the court to allow such a lis pendens to remain upon its files. The.motion to cancel the same should have been granted and the order appealed from must be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Patterson, O’Brien, Ingraham and McLaughlin, JJ.,-concurred. Order reversed, with ten dollars costs and disbursements, and-motion granted, with ten dollars costs. -