Appellate Division of the Supreme Court of the State of New York February 1, 2001 (Bonded Concrete, Inc. v. Johnson)

—Spain, J.

Appeal from an order of the Supreme Court (Keniry, J.), entered November 16, 1999 in Saratoga County, which, inter alia, denied defendants’ motion for an order canceling the notice of pendency.

This action arises out of a written lease whereby plaintiff obtained possession of a parcel of property owned by defendant Edward J. Johnson, Jr.