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ROMANOFF v. ROMANOFF

14105.

125 A.D.3d 415 (2015)

998 N.Y.S.2d 881

NICHOLAS ROMANOFF, Appellant, v. GERALD ROMANOFF et al., Defendants, and 55 GANS JUDGMENT LLC et al., Respondents.

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

Decided February 3, 2015.

The notice of pendency filed in this action was correctly cancelled as a prohibited successive notice affecting the same property (CPLR 6516 [c]). "[A]n expired or cancelled notice of pendency may not be refiled on the same cause of action or claim" (Guttman v Gutman, 78 A.D.3d 779, 781 [2d Dept 2010] [citation omitted] [distinguishing Deutsch v Grunwald (63 A.D.3d 872 [2d Dept 2009])];...

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