Argued September 4, 1985
Decided October 8, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Sidney Leviss, J.
Matthew Dollinger and Dennis M. Gonski for appellant.
Wilbur G. Silverman for respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Justice (now Judge) Vito J. Titone at the Appellate Division ( 106 A.D.2d 100), only insofar as the opinion holds that the intervening defendant, who purchased the property encumbered by the mortgage, is bound by a notice of pendency filed prior to the recording of his deed and the satisfaction of mortgage.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.