In re 1610 Avenue P, Inc.

This is a motion for an order directing the clerk of this court to cancel of record a certain notice of pendency of action heretofore filed by Otis Elevator Company based upon a suit in the United States District Court for the Eastern District of New York. The property sought to be affected by such notice is located in the borough of Brooklyn. The application is made upon the ground that said notice of pendency of action was improperly filed in the office of the clerk of the county of Kings, inasmuch as the action upon which it is based was instituted and is now pending in the Federal court.

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