Respondents shall recover of appellant $50 costs and disbursements of this appeal.
Carro and Milonas, JJ., dissent in a memorandum by Milonas, J., as follows:
In my opinion, the order being appealed herein should be modified to the extent of denying the motion to cancel the notice of pendency.
Plaintiff's wholly owned corporation, 57-Eddy Corporation, and another entity doing business as A&N Elghanayan Associates began operation in the late 1960...
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