Order reversed on the law, with ten dollars costs and disbursements, and motion granted. Civil Practice Act, section 120, did not authorize the filing of a lis pendens. No claim is made in the complaint against the property of the defendant. ( Ackerman v. True, 44 App. Div. 106; McManus v. Weinstein, 108 id. 301.) Lazansky, P.J., Young, Carswell, Tompkins and Davis, JJ., concur.
Amd. by Laws of 1929, chap. 337. — [REP.