Fisher v. Ingula Builders Corp.

John P. Cohalan, Jr., J.

Motion by defendant to cancel a notice of pendency of action is granted. Plaintiff is the owner of the subject property. Defendant is the holder of a purchase-money mortgage on the property. Plaintiff has instituted an action for a judgment rescinding a contract of sale and for a cancellation of the bond and second mortgage executed by plaintiff to defendant. It appears from the papers before the court that plaintiff is not entitled to file a notice of pendency of action herein. See Starkie v. Nib Constr. Corp. (235 App. Div. 699 [2d Dept.]): “ Order reversed on the…