42nd Avenue Commons, LLC v. Barracuda, LLC

In an action, inter alia, to recover damages for breach of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Sampson, J.), dated March 7, 2014, which granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (5) to dismiss the complaint and to cancel a notice of pendency filed against the subject real property.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (5) to dismiss the complaint and to cancel a notice of pendency filed…