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MALEKAN v. 701-709 CHESTER ST, LLC

2015-03436, Index No. 10704/14.

139 A.D.3d 913 (2016)

32 N.Y.S.3d 281

2016 NY Slip Op 03857

ISAAC MALEKAN et al., Appellants, v. 701-709 CHESTER ST, LLC, et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 18, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendants 701-709 Chester St, LLC, and Tzila Wajsfeld which were pursuant to CPLR 3211 (a) (1) and (7) to dismiss the cause of action for specific performance insofar as asserted by the plaintiff 705 Chester Dev, LLC, against the defendant 701-709 Chester St, LLC, and to cancel the notice of pendency filed against the subject property are denied; and...

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