Thomas v. Robbert

This is a motion by the defendant to cancel a lis pendens filed by the plaintiff. The ground of the motion is that the complaint herein states alleged causes of action which are insufficient in law to sustain such a Us pendens. The defendant cites section 94 of the Real Property Law. That section provides, among other things, that the taking of title to real property in the name of one person, the consideration for which is paid by another, does not result in a trust in favor of the other, unless the taking of the title in the name of the other was without the knowledge of the person paying…