Order affirmed, with $10 costs and disbursements.
No opinion.
Beldock, J., with whom Murphy, J., concurs, dissents and votes to reverse the order and to grant the motion, with the following memorandum:
Where a notice of pendency is filed before the commencement of the action and process is not thereafter served within the time limited by section 120 of the Civil Practice Act, the filing of a successive notice of pendency in the "same action" is not...
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