Chain Locations of America, Inc. v. T.I.M.E. — DC, Inc.

OPINION OF THE COURT

Main, J.

The facts underlying the present controversy involve a dispute over a contract to purchase property in the Town of Colonie, Albany County, and are set out in our prior decision in action No. 1 (81 AD2d 993). As noted therein, Trial Term dismissed the breach of contract causes of action asserted by Chain Locations of America, Inc. *112(Chain), and canceled a notice of pendency which Chain had filed against the subject property. We then granted Chain a stay of the cancellation conditioned on, inter alia, its filing an undertaking in the amount of $25,000, which was done.…