Amev Capital Corp. v. Kirk

In an action, inter alia, to recover on a promissory note guarantee, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered November 22, 1989, as denied their motion to cancel a notice of pendency and further denied their separate motion to dismiss the complaint for failure to join necessary parties.

Ordered that the order is affirmed insofar as appealed from, with costs.

On this appeal, the defendants argue that the court erred in failing to cancel the notice of pendency which was filed against their home in…