Ordered that order is modified, on the law and the facts, by deleting the provision thereof denying that branch of the defendant's cross motion which was to cancel the notice of pendency and substituting therefor a provision denying that branch of the cross motion as academic; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.
The parties entered into a lease dated October 10, 2003, by which the plaintiff agreed to lease a...
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