5303 Realty Corp. v. O & Y Equity Corp.

Order entered April 27, 1983 in Supreme Court, New York County (Louis Grossman, J.), denying defendants’ motion to vacate a lis pendens, affirmed, with costs. This is an action for specific performance of what is essentially a contract for the transfer of real property, and as such we agree with Special Term “that a lis pendens is proper in this situation”. In June of 1982 the original negotiations between plaintiff and the first named defendant, O & Y, were had with respect to the subject real estate. A contract was drawn up by O & Y for this sale, but closing was postponed to September. In…