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ISAIAS v. FISCHOFF

37 A.D.2d 934 (1971)

Nahim Isaias, Respondent, v. David Fischoff et al., Defendants, and S. J. Ungar Realty Affiliates, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 4, 1971

Plaintiff-respondent shall recover of defendant-appellant one bill of $50 costs and disbursements of this appeal.

Section 1331 of the Real Property Actions and Proceedings Law requires that in an action to foreclose a real property mortgage, as here, a lis pendens must be filed at least 20 days before final judgment of foreclosure and sale is rendered. Thus, we perceive that the filing of a lis pendens is requisite to the entry of a final judgment. ...

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