Legal Opinion
Distinctive Custom Homes Building Corp. v. Esteves
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2004PublishedCited by 7 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from so much an order of the Supreme Court, Suffolk County (Emerson, J.), dated November 21, 2003, as granted that branch of the defendants’ motion which was to vacate two notices of pendency.
Ordered that the order is affirmed insofar as appealed from, with costs.
CPLR 6501 provides that “[a] notice of pendency may be filed in any action in which the judgment demanded would affect the title to, or the possession, use or enjoyment of real property.” In the instant case, nine of the complaint’s eleven…
2Cases cited3 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Interior Design Force Inc. v. DorfmanAppellate Division of the Supreme Court of the State of New York · 1989
- Borrero v. East Harlem Council for Human Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by7 opinions
- Stangel v. Zhi Dan ChenAppellate Division of the Supreme Court of the State of New York · 2010
- Ali v. AhmadAppellate Division of the Supreme Court of the State of New York · 2005
- Shkolnik v. KrutoyAppellate Division of the Supreme Court of the State of New York · 2006
- Maiorino v. GalindoAppellate Division of the Supreme Court of the State of New York · 2009
- DeCaro v. East of East, LLCAppellate Division of the Supreme Court of the State of New York · 2012
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