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WEINER v. MKVII-WESTCHESTER, LLC

292 A.D.2d 597 (2002)

739 N.Y.S.2d 432

CHERYL WEINER et al., Respondents, v. MKVII-WESTCHESTER, LLC, et al., Appellants.

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

Decided March 25, 2002.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, that branch of the motion which was pursuant to CPLR 6512 and 6514 (a) to cancel the notice of pendency filed on August 31, 2000, is granted, and the notice of pendency is cancelled.

CPLR 6512 provides that a notice of pendency filed before an action is commenced is effective only if a summons...

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