Ansonia Realty Co. v. Ansonia Associates

—Order, Supreme Court, New York County (George Bundy Smith, J.), entered October 3, 1985, granting defendant-respondent’s motion to cancel a notice of pendency on condition that it post an undertaking in the sum of $2,500,000 within 30 days, unless plaintiff were to post a bond in the sum of $38,500,000 within the same 30-day period, unanimously modified, on the law and the facts and in the exercise of discretion, to fix plaintiffs undertaking at $4,000,000, and, except as thus modified, affirmed, without costs or disbursements.

We agree with Special Term’s assessment that plaintiffs…