LEWIS SAUL, res, v. ANTON VIDOKLE, ap

LEWIS SAUL, res, v. ANTON VIDOKLE, ap — (INDEX NO. 505186/14) In an action for specific performance of an alleged agreement for the sale of real property, the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated March 25, 2015, which denied that branch of his motion which was pursuant to CPLR 3211(a) to dismiss the complaint, and, in effect, denied those branches of his motion which were to cancel a notice of pendency pursuant to CPLR 6514(a), for an award of costs and expenses pursuant to CPLR 6514(c), and for an award of sanctions and attorney's fees pursuant to 22 NYCRR 130-1.1.

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LEWIS SAUL, res, v. ANTON VIDOKLE, ap — (INDEX NO. 505186/14) In an action for specific performance of an alleged agreement for the sale of real property, the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated March 25, 2015, which denied that branch of his motion which was pursuant to CPLR 3211(a) to dismiss the complaint, and, in effect, denied those branches of his motion which were to cancel a notice of pendency pursuant to CPLR 6514(a), for an award of costs and expenses pursuant to CPLR 6514(c), and for an award of sanctions and attorney’s fees pursuant to 22 NYCRR 130-1.1.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the defendant’s motion which was pursuant to CPLR 3211(a) to dismiss the complaint, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provisions thereof, in effect, denying those branches of the motion which were to cancel the notice of pendency pursuant to CPLR 6514(a) and for an award of costs and expenses occasioned by the filing and cancellation of the notice of pendency pursuant to CPLR 6514(c), and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, with costs to the defendant, and the matter is remitted to the Supreme Court, Kings County, for a determination of the award of costs and expenses occasioned by the filing and cancellation of the notice of pendency pursuant to CPLR 6514(c).

LEWIS SAUL, res, v. ANTON VIDOKLE, ap

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