DEERFIELD BLDG. CORP. v. YORKSTATE


77 Misc.2d 302 (1974)

Deerfield Building Corp., Plaintiff, v. Yorkstate Industries, Inc., Defendant. (And Another Action.)

Supreme Court, Westchester County.

February 27, 1974


Attorney(s) appearing for the Case

Seymour R. Levine for defendant. Daniel S. Lerner for plaintiff.


JOSEPH F. GAGLIARDI, J.

Defendant moves for an order pursuant to subdivision (a) of CPLR 6514 canceling two notices of pendency filed against certain real property. The underlying predicate in support of this motion is that a prior lis pendens filed against the same real property upon a complaint identical to those involved herein had been canceled by court order for failure to timely serve the summons as provided in CPLR 6512. Plaintiff contends...

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