Order reversed, on the law, with $50 costs and disbursements, motion granted, complaint dismissed and the notice of pendency is directed to be canceled.
In the instant case, the notice of pendency was filed on February 9, 1981, some eight months after the mortgage became due. As per the allegations of the corporate defendants, they were prepared to pay the interest and principal as set forth in the mortgage foreclosure action. They claimed, however, to be unable to...
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