Schlaifer v. Shelby-Coleridge, Inc.

This is a motion by the defendant to cancel of record a notice of pendency of this action filed against the premises of the defendant. The authority for the filing of a notice of pendency is found in section 120 of the Civil Practice Act, which provides for the filing of such a notice “ In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of real property ”. The question on this motion, therefore, is does the complaint state a cause of action *316“ affecting the title to, or the possession, use, or enjoyment ” of the particular real property…