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SHIHAB v. 215-217 W 108TH ST.

133 Misc.2d 145 (1986)

Lorenzo Shihab et al., Petitioners, v. 215-217 West 108th Street Associates et al., Respondents. Edwin Gomez et al., Petitioners, v. Ten Square Properties Co. et al., Respondents.

Civil Court of the City of New York, New York County.

September 22, 1986

Attorney(s) appearing for the Case

Kellner, Chehebar & Deveney (Hilarie Chacker and Douglas A. Kellner of counsel), for Lorenzo Shihab and others, petitioners. Reich & Reich (Louis Reich of counsel), for 215-217 West 108th Street Associates, respondent owners. Morrison & Henderson (Diane Morrison of counsel), for Edwin Gomez and others, respondents. Goldman & Clark (Robert J. Clark of counsel), for Ten Square Properties Co., respondent owner. Howard Arenz for Department of Housing Preservation and Development of the City of New York, respondent.

LEWIS R. FRIEDMAN, J.

These are two cases which were commenced under RPAPL article 7-A. They are being decided together because they present for decision two important issues which have not been addressed in the reported cases: (1) the rights of a party who commences a proceeding under RPAPL article 7-A to file a notice of pendency, and (2) the rights of the owner to a cancellation of a notice of pendency which...

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