H.G. Bass Assocs., Inc. v. Ethan Allen, Inc
In H.G. Bass Assocs., Inc. v. Ethan Allen, Inc., 26 Conn. App. 426, 601 A.2d 1040 (Conn. App. Ct. 1991), the court considered Connecticut's statute requiring that an action to foreclose a mechanics' lien be commenced and a lis pendens be recorded within a year of perfection of the lien. The lien claimant had filed a foreclosure action precisely one year after recording its lien, but did not record a lis pendens with respect to this action until eight days later. 601 A.2d at 1041.
The claimant also commenced a second foreclosure action on the same day that the first action was filed through other counsel. Id. It recorded a lis pendens in connection with the second action on the same day. Id. Although all time limits were met in the second action, the claimant subsequently withdrew the second action and attempted to foreclose under the first action. Id.
The court held that the withdrawal of the second action released the lis pendens, and because the lis pendens recorded in the first action was untimely, the lien had expired. The court noted that when a statute creates a right of action that did not exist at common law and fixes a time within which the right must be enforced, the time fixed is a limitation or condition attached to the right. 601 A.2d at 1042.