Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss the complaint, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provisions thereof, in effect, denying those branches of the motion which were to cancel the notice of pendency pursuant to CPLR 6514(a) and for an award of costs and expenses occasioned...
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