Varon v. Ciervo

In an action, inter *447alia, for specific performance of a contract to convey real property, nonparty Citibank, N. A., appeals from an order of the Supreme Court, Queens County (Santucci, J.), dated January 23, 1989, which denied its motion to strike a notice of pendency and granted the plaintiffs cross motion to deem the proof of service of her summons and complaint properly filed nunc pro tunc.

Ordered that the order is affirmed, with costs.

The defendant Doris Ciervo was the owner of property located in Queens. On February 24, 1986, she contracted with Gary Annino to sell the property to him…