The Referee properly found that the delivery and recording of the deed to the underlying premises by defendant on February 9, 1984 was the direct result of defendant's 1981 lawsuit and notice of pendency, and the basis for the judicially supervised settlement of that action. Thus, the deed was not taken subject to plaintiff's 1983 notice of pendency. The report of a Referee should be confirmed if the findings are supported by the record (Namer v 152-54-56 W. 15th St. Realty...
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