Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting that branch of the cross motion of the defendant X & Y Development Group, LLC, which was to cancel the notice of pendency pursuant to CPLR 6514 and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the notice of pendency...
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