Capobianco v. Romaine

In this action to rescind an executed contract to purchase real property located in Suffolk County and to impress a vendee’s lien thereon for the amount of consideration already paid, the defendants move to cancel a notice of pendency of the action filed in Suffolk County on the ground that the plaintiffs have failed to serve a summons and complaint within 60 days of the filing’ of the said notice as required by section 120 of the Civil Practice Act.

The present action, designating Nassau County as the place of trial, was commenced by the service of a summons and verified complaint on August…