Brooklyn Restorations, LLC v. South 1st St. Development, LLC

In an action to recover damages for trespass and for related declaratory and injunctive relief, the plaintiff appeals from an order of the Supreme Court, Kings County (Lewis, J.), entered June 28, 2013, which, in effect, granted the defendant’s motion pursuant to CPLR 6515 to cancel a notice of pendency on the condition that it post an undertaking in the amount of $500,000 within 20 days after the date of the order, unless within 10 days after the defendant’s posting of such an undertaking, the plaintiff posted an undertaking in the amount of $250,000, and, in effect, granted the plaintiff’s…