Legal Opinion

Pix Furniture, Inc. v. Loew's Theatres & Realty Corp.

New York Supreme Court

Decided March 19, 1986PublishedCited by 1 opinion

1Opinion of the Court

*518OPINION OF THE COURT

Jack Turret, J.

May this court on a motion to file an undertaking for cancellation of a notice of pendency of action consider the likelihood of success of the action on the merits?

Defendants, Loew’s Theatres and Realty Corp. and Gerard Theatres, Inc. (hereinafter known as Loew’s), have moved for permission to file an undertaking for the cancellation of a notice of pendency (CPLR 6515) filed by the plaintiff, Pix Furniture, Inc. (hereinafter known as Pix). The notice of pendency relates to real property occupied in part by Pix for commercial purposes as a lessee. The…

2Cases cited8 opinions

  1. Pimpinello v. Swift & Co.New York Court of Appeals · 1930
  2. 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
  3. Richards v. ChubaNew York Supreme Court · 1949
  4. 220 East 56th Street Corp. v. Excelsior Savings BankAppellate Division of the Supreme Court of the State of New York · 1938
  5. Newmark & Lewis, Inc. v. Olim Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1985

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3Cited by1 opinion

  1. Sparks Associates, LLC v. North Hills Holding Co. II, LLCAppellate Division of the Supreme Court of the State of New York · 2010

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