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GELBRO REALTY v. McCABE

75 Misc.2d 106 (1973)

Gelbro Realty, Inc., Plaintiff, v. Lucille McCabe, as Executrix of J. Ralph Sawyer, Deceased, et al., Defendants.

Supreme Court, Special Term, Columbia County.

June 29, 1973

Attorney(s) appearing for the Case

William E. Smith for Farine C. Sawyer, defendant. Miner & Miner for John Malasky and others, defendants. Martin M. Filler for plaintiff.

EDWARD S. CONWAY, J.

This is a motion by the defendants for an order (1) directing the Clerk of Columbia County to cancel a lis pendens (notice of pendency) pursuant to CPLR 6514 in the above-entitled action on the ground that the action alleged in the complaint is not such a cause of action that notice of pendency thereof may be filed pursuant to CPLR 6501, and for an order (2) dismissing the plaintiff...

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