Ordered that the order is affirmed insofar as appealed from, with costs.
In 2006 the plaintiff, as administrator of his brother's estate, commenced an action against the defendant alleging, inter alia, undue influence and fraud, and seeking a cancellation of a deed conveying certain real property from his deceased brother (hereinafter the decedent) to the defendant. At the same time, the plaintiff filed a notice of pendency in connection with that action. In 2009...
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