MAKOVIC v. AIGBOGUN


41 A.D.3d 342 (2007)

837 N.Y.S.2d 570

ZLATKO MAKOVIC, Respondent, v. BERNADETTE AIGBOGUN, Appellant.

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

Decided June 28, 2007.


Plaintiff moved to extend the notice of pendency by order to show cause filed about 2½ months before the notice of pendency was due to expire. The motion was granted by order signed and entered about a month after the notice had expired, but directing entry nunc pro tunc as of the day before the expiration date. On appeal, defendant argues that the court lacked the power to extend the notice after the original notice had expired. The argument is unavailing where plaintiff...

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