Asensio v. Casa 74th Development, LLC

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 5, 2010, which granted defendants’ motion to cancel a notice of pendency filed by plaintiff with respect to a newly constructed condominium unit and for summary judgment as to the complaint and their counterclaims only to the extent of cancelling the notice of pendency, modified, on the facts, to deny the part of the motion that sought to cancel the notice of pendency, and otherwise affirmed, without costs.

Triable issues of fact, including whether construction of the condominium unit was “substantially completed” at…