Rajic v. Sarokin

In an action, inter alia, to recover a down payment for the purchase of real estate, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), entered September 10, 1993, as granted that branch of the defendants’ motion which was to discharge a notice of pendency in a separate action.

Ordered that the order is affirmed insofar as appealed from, with costs.

"[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”…