Legal Opinion
Da Silva v. Musso
New York Court of Appeals
Decided June 12, 1990PublishedCited by 98 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
This appeal concerns the rights of the parties and the operation of the notice of pendency procedures prescribed by CPLR article 65 after an action seeking to "affect the title to, or the possession, use or enjoyment of, real property” has terminated in a final judgment or order dismissing the claimant’s complaint. Specifically, we are asked to decide whether a purchaser for value who has actual notice that the unsuccessful claimant has appealed may nonetheless take clear title to the property where the claimant’s previously filed notice of pendency was canceled…
2Cases cited11 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Da Silva v. MussoNew York Court of Appeals · 1981
- Dingley v. . BonNew York Court of Appeals · 1892
- Patterson v. . BrownNew York Court of Appeals · 1865
- Revelone, Inc. v. Arlind Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1949
6 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- In Re the Estate of SakowNew York Court of Appeals · 2002
- McVicker v. SarmaAppellate Division of the Supreme Court of the State of New York · 1990
- 425 East 26th Street Owners Corp. v. BeatonAppellate Division of the Supreme Court of the State of New York · 2015
- U.S. Bank National Ass'n v. VanvlietAppellate Division of the Supreme Court of the State of New York · 2005
- Russell v. Raynes Associates Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
93 more not listed; retrieve them via the Exa API.