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URGO v. PATEL

279 A.D.2d 518 (2001)

719 N.Y.S.2d 120

DONALD J. URGO, Doing Business as DONALD J. URGO & ASSOCIATES, Respondent, v. SITARAM L. PATEL et al., Appellants.

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

Decided January 16, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court properly denied that branch of their motion which sought mandatory cancellation of the plaintiff's notice of pendency. CPLR 6501 permits a notice of pendency to be filed "in any action * * * in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property." Since the plaintiff seeks specific...

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