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ELIZABETH STREET, INC. v. 217 ELIZABETH STREET CORP.

295 A.D.2d 153 (2002)

744 N.Y.S.2d 116

ELIZABETH STREET, INC., Appellant, v. 217 ELIZABETH STREET CORP. et al., Respondents.

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

Decided June 11, 2002.

Since plaintiff's notice of pendency expired in May 2001 and plaintiff did not move to extend it until August 2001, the motion court correctly viewed the notice of pendency as an expired nullity that could not be revived (see, Matter of Sakow, 97 N.Y.2d 436, 442). The court also properly denied plaintiff's motion to add its once-removed principal as a party plaintiff. The principal was not a party to the alleged oral agreement with...

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