Ordered that the order is reversed, on the law, with costs, and the motion is granted; and it is further,
Ordered that the Queens County Clerk is directed to cancel the notice of pendency dated February 14, 2004, indexed against Block 8578, Lot 41.
A notice of pendency may be filed in any action "in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property" (CPLR 6501; see Matter of Sakow,
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