Aiello v. Gross

Full title: JOHN AIELLO, Respondent, v. LEWIS GROSS et al., Appellants

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

Date published: Jun 6, 1994

205 A.D.2d 483 (N.Y. App. Div. 1994)

614 N.Y.S.2d 262

Opinion

June 6, 1994

Appeal from the Supreme Court, Queens County (Durante, J.).

Ordered that the order is affirmed, with costs.

A notice of pendency was first filed against the subject parcel on September 7, 1990. The plaintiff's order to show cause to extend the notice of pendency, dated September 11, 1992, was therefore timely (see, CPLR 6513). The fact that a prior notice of pendency had been mistakenly filed by the plaintiff against the wrong parcel in 1988 did not serve to alter the effective date of the amended notice of pendency under the statute. Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.