Ordered that the order is reversed, on the law, with costs, the motion is granted, and the notice of pendency filed on January 17, 2002, is cancelled.
It is undisputed that in a prior action regarding the same contract, the complaint was dismissed as against the defendant herein on the basis of improper service of process, and the notice of pendency filed in relation to that action was cancelled. Thus, the plaintiff failed in the prior action to strictly comply with...
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