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ASHLAND EQUITIES v. CLERK

110 A.D.2d 60 (1985)

Ashland Equities Co., Respondent, v. Clerk of New York County, Appellant, et al., Defendants

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

August 22, 1985

Attorney(s) appearing for the Case

Edward H. Honig of counsel (Honig & Orbach, attorneys), for respondent.

Frederic L. Lieberman of counsel (Caren S. Brutten with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

CARRO, FEIN, MILONAS and ELLERIN, JJ., concur.

SULLIVAN, J. P.

This appeal presents the issue of whether the Clerk of New York County is a State officer when recording a lis pendens filed against real property. We conclude that he is.

On or about September 15, 1982, plaintiff's assignor entered into a contract of sale with Baroukh Sasouness for the purchase of a certain parcel of real property known as 525-527-529 West 49th Street in New York City. Under the terms of the contract the premises...

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