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KIM v. HFZ 11 BEACH ST. LLC

Index No. 657153/20. Appeal No. 14544. Case No. 2021-02487.

199 A.D.3d 415 (2021)

153 N.Y.S.3d 852

2021 NY Slip Op 06043

David Kim, Respondent, v. HFZ 11 Beach Street LLC et al., Defendants, and Unit 3B 11 Beach LLC, Appellant.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Rosen Law LLC, Great Neck ( Gary Rosen of counsel), for appellant.

Ganfer Shore Leeds & Zauderer LLP, New York ( Steven J. Shore of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

The court properly utilized the "double bonding" approach of CPLR 6515(2) to cancel the notice of pendency upon posting of a bond by defendant unless plaintiff posts an undertaking that will indemnify defendant for any damages flowing from the notice of pendency (see Hakmon v 244 E. 48th St. Dev., LLC, 188 A.D.3d 460 [1st Dept 2020]; Ansonia Realty Co. v Ansonia Assoc., 117 A.D.2d 527 [1st...

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