MERCHANTS BANK OF NEW YORK v. ROSENBERG


31 A.D.3d 507 (2006)

818 N.Y.S.2d 565

MERCHANTS BANK OF NEW YORK, Respondent, v. JOSHUA ROSENBERG et al., Defendants, and ESTHER ROSENBERG et al., Appellants.

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

July 11, 2006.


Ordered that the order is modified, on the law, by deleting the provision thereof deeming the appellants served with the verified complaint nunc pro tunc; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.

Contrary to the appellants' contention, the Supreme Court properly denied their motion to cancel the notice of pendency filed against the subject properties in this action. While the appellant Necha Rosenberg was not timely...

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