Appellate Division of the Supreme Court of the State of New York July 14, 1995 (FB Transit Road Corp. v. D.R.T. Construction Co.)

Appeal from order insofar as it denied motion to dismiss complaint unanimously dismissed and order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying defendant’s and intervenor’s motions to vacate the notice of pendency.