Appellate Division of the Supreme Court of the State of New York June 8, 2006 (Nina Penina, Inc. v. Njoku)

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered March 25, 2005, which, to the extent appealed from, denied defendant’s motion to dismiss plaintiffs claim for specific performance and to cancel a notice of pendency, unanimously affirmed, with costs.