Gelbro Realty, Inc. v. McCabe

This is a motion by the defendants for an prder (1) .directing the Clerk of Columbia County to cancel a lis pendens (notice of pendency) pursuant to CPLB 6514 in the above-entitled action on the ground that the action alleged in the complaint is not such a cause of action that notice of pendency thereof may be filed pursuant to CPLR 6501, and for an order (2) dismissing the plaintiff’s complaint pursuant to CPLR 3211 (subd. [a], par. Í) upon the ground that defenses are founded upon documentary evidence and for an order (3) dismissing the complaint pursuant to CPLR 3211 (subd. [a], pars. 3,…