Greenberg v. Tamir

Judgment, Supreme Court, New York County (Burton Sherman, J.), entered June 6, 1991, which dismissed defendants’ counterclaims and awarded plaintiffs $27,446, exclusive of interest, unanimously modified on the *185law, to reduce the judgment by $5,800, to make a total award of $21,646, exclusive of interest, and, as so modified, affirmed, without costs.

The mere filing of a notice of pendency is not an actionable wrong, but its continuation on appeal by the posting of an undertaking creates liability if damages are demonstrated (Chain Locations v T.I.M.E.—DC, Inc., 99 AD2d 111). Here, with respect…