LIPSCHITZ v. WATSON

PER CURIAM:

We think the appellant's motion for an order canceling the lis pendens should have been granted. By section 1670 of the Code of Civil Procedure it is provided that while the notice of lis pendens may be filed before the service of the summons, in that case personal service of the summons must be made on a defendant within sixty days after the filing, or else, before the expiration of the same time, publication of the summons must be commenced, or service thereof made without the State, pursuant to an order obtained therefor. It is undisputed that the filing of the lis pendens in this instance was not followed within sixty days by either personal service or the publication of the summons.

The order denying the motion to cancel the lis pendens is reversed, with ten dollars costs and disbursements, and the motion granted, with costs. The appeal from the order denying the reargument and resettlement is dismissed, without costs.

HIRSCHBERG, P.J., WOODWARD, JENKS, HOOKER and MILLER, JJ., concurred.

Order denying motion to cancel lis pendens reversed, with ten dollars costs and disbursements, and motion granted, with costs. Appeal from order denying reargument and resettlement dismissed, without costs.