MALLEK v. FELMINE

2023-00495, Index No. 508498/22.

2024 NY Slip Op 02808

MARK LASAK MALLEK, ET AL., Respondents, v. IAN FELMINE, ETC., Appellant, ET AL., Defendant.

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

Decided May 22, 2024.


Attorney(s) appearing for the Case

Denis G. Kelly & Associates, P.C., Long Beach, NY, for appellant.

Law Offices of Jaime Lathrop, P.C., Brooklyn, NY ( Peter DeVries of counsel), for respondents.

Before: Colleen D. Duffy, J.P., Robert J. Miller, William G. Ford, Laurence L. Love, JJ.


DECISION & ORDER

In an action, inter alia, to recover a down payment made pursuant to a contract for the sale of real property, the defendant Ian Felmine appeals from an order of the Supreme Court, Kings County (Carolyn E. Wade, J.), dated December 1, 2022. The order granted the plaintiffs' motion to extend the time to serve the notice of pendency on the defendant Ian Felmine and denied that defendant's cross-motion pursuant to CPLR 6514 to cancel the notice...

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