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BANKERS TRUST COMPANY OF CALIFORNIA, N.A. v. LIFSON

5 A.D.3d 710 (2004)

776 N.Y.S.2d 288

BANKERS TRUST COMPANY OF CALIFORNIA, N.A., Appellant, v. SHELLEY LIFSON et al., Defendants, and STUART LIFSON, Respondent.

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

March 29, 2004.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.

Contrary to the respondent's contentions, the Supreme Court erroneously determined that the notice of pendency in a foreclosure action could not be refiled after it expired. The Court of Appeals decision in Matter of Sakow (97 N.Y.2d 436 [2002]) does not...

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