Chiulli v. Cross Westchester Development Corp.

an action, inter alia, to compel specific performance of a contract to sell real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Walsh, J.), entered August 11, 1986, as denied their motion, inter alia, to vacate and annul a notice of pendency filed against the subject property on December 2, 1985.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the fourth decretal paragraph thereof which denied that branch of the defendants’ motion which sought to cancel the notice of pendency…