We agree with Special Term's assessment that plaintiff's likelihood of success with respect to its cause of action for specific performance, upon which the notice of pendency is based, is doubtful. In this regard, plaintiff's pivotal allegation is that defendant failed to obtain HUD's written approval of the transfer of the property, as required by the contract of sale. In fact, however, HUD, by letter of February 13, 1985, granted its preliminary approval, subject to compliance...
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