Napoli v. Frank

Page, J.:

The plaintiff, on or about the 29th day of December, 1921, filed the summons and complaint and notice of pendency of action in the office of the clerk of the county of Bronx.

The action was to compel the specific performance of a contract for the sale of the real estate described in said complaint and notice of pendency of action. On the 5th day of April, 1922, the defendants, appearing specially for the purpose of the motion, moved to cancel the lis pendens of record, on the ground that the plaintiff had unreasonably neglected to proceed in this action and had failed to serve a…