Incorporated Village of Nissequogue v. Meixsell

John P. Cohalan, Jr., J.

Defendants move (1) to cancel and vacate the notice of pendency of action filed herein and (2) to dismiss the complaint for insufficiency as a matter of law, pursuant to CPLR 3211 (subd. [a], par. 7). No. 1 is granted and No. 2 is denied. Plaintiff’s cross motion for summary judgment is denied.

The complaint prays for judgment enjoining and restraining defendants from selling or offering for sale, lease or rent any part of a tract of land owned by defendants in the Incorporated Village of Nissequogue, Town of Smithtown, County of Suffolk.

Defendants are the owners of…