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STEWART v. STERNBERG

120 A.D.2d 661 (1986)

William M. Stewart et al., Respondents, et al., Plaintiff, v. Martin Sternberg et al., Appellants. (And Another Title.)

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

May 19, 1986

Order affirmed, with costs.

The record contains no evidence that the action for specific performance has been commenced or prosecuted in bad faith (cf., CPLR 6514 [b]), and given a court's limited scope of review on a motion such as this (see, 5303 Realty Corp. v O & Y Equity Corp., 64 N.Y.2d 313, 319-321), Special Term did not abuse its discretion in refusing to cancel the notice...

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