Appeal from order insofar as it denied motion to dismiss complaint unanimously dismissed and order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying defendant's and intervenor's motions to vacate the notice of pendency. The instant action, seeking declaratory relief, does not directly "affect the title to, or the possession, use or enjoyment of, real property" (CPLR 6501; see, 5303...
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