McGillivray v. Newman

— Appeal from an order of the Supreme Court at Trial Term (Conway, J.), entered May 22, 1980 in Ulster County, which, inter alia, dismissed the complaint and directed the cancellation of plaintiffs’ lis pendens. On December 20,1971, defendant, the record owner of certain premises located in the Village of Phoenicia, Town of Shandaken, Ulster County, upon which she conducted a motel business, entered into agreements with plaintiffs for the sale of the premises and the business. Pursuant to the agreements, plaintiffs made a down payment of $13,000 and entered into possession of the premises. At…