Ordered that the judgment is affirmed, with costs.
The plaintiff seller and the defendant purchaser entered into a contract for the sale of real property. The contract contained a clause wherein the defendant reserved its right to cancel the contract if, prior to closing, a lis pendens was filed or an action to foreclose a mortgage or any other lien on the property was commenced. The evidence adduced at trial established that a lis pendens was filed on the property...
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