Opinion
May 19, 1986
Appeal from the Supreme Court, Nassau County (Velsor, J.).
Order affirmed, with costs.
The record contains no evidence that the action for specific performance has been commenced or prosecuted in bad faith (cf., CPLR 6514 [b]), and given a court's limited scope of review on a motion such as this (see, 5303 Realty Corp. v O Y Equity Corp., 64 N.Y.2d 313, 319-321), Special Term did not abuse its discretion in refusing to cancel the notice of pendency. Mollen, P.J., Lawrence, Kunzeman and Kooper, JJ., concur.