Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the lis pendens and complaint are reinstated.
As the plaintiff in a mortgage foreclosure action, North Fork Bank, as Trustee, is entitled to file a lis pendens (see, 75A NY Jur 2d, Lis Pendens, § 19). Thus, it was improper for the Supreme Court to vacate the lis pendens.
Moreover, since we have determined that the Supreme Court erred in setting aside North...
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