Creno v. Masterpol

The defendant herein, Nicholas J. Master-pol, moves for an order pursuant to CPLR 6515 canceling a notice of pendency heretofore filed in the Onondaga County Clerk’s office by the plaintiffs, Dominick Creno and Mary Jo Creno, upon the furnishing by defendant of an undertaking in an amount to be fixed by the court or in lieu thereof that the plaintiffs be required to give an undertaking in an amount to be fixed by the court in such sum as will indemnify the defendant *49for damages he may incur if the notice of pendency is not can-celled and that upon failure of plaintiffs to furnish such an…