Freedom Enterprises, Inc. v. Hager Realty Corp.

Plaintiffs move to resettle the order of this court dated August 11,1966 which dismissed the complaint herein seeking specific performance of a contract for the sale of realty, and in conjunction therewith, directed the County Clerk to cancel plaintiffs’ notice of pendency. Plaintiffs, the court is advised, now have an appeal pending from this order.

Dismissal of a complaint requires that the notice of pendency of the action be cancelled (Terrace Ct. Realty v. Fifth Ave. Realty Corp., 27 Misc 2d 110). However, the court may direct cancellation only “ if the time to appeal from a final judgment…