Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants Leonard Kessler and Maureen Kessler contracted to sell a parcel of real estate to the plaintiff. Prior to closing, a notice of pendency was filed against the property in connection with a specific performance action brought by prospective vendees on a previous contract which had failed due to the vendees' inability to obtain financing. The plaintiff refused to waive the defect...
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