Elghanayan v. Elghanayan

Carro and Milonas, JJ.,

dissent in a memorandum by Milonas, J., as follows: In my opinion, the order being appealed herein should be modified to the extent of denying the motion to cancel the notice of pendency.

Plaintiff’s wholly owned corporation, 57-Eddy Corporation, and another entity doing business as A&N Elghanayan Associates began operation in the late 1960’s as a partnership known as 153 East 57th Street Associates. This partnership owned and operated certain property located at 153 East 57th Street in Manhattan. Pursuant to the agreement between the parties, 57-Eddy Corporation was to…