Rubinfeld v. Mappa

This is a motion to cancel a lis pendens filed by plaintiff in a derivative stockholders’ action. The issue is whether the complaint states a cause of action affecting title to real property within the meaning of section 6501 of the Civil Practice Law and Rules.

The mere fact that the word “ realty ” or similar words are used in the complaint or that one of the prayers for relief seeks a transfer of title to realty, is not determinative unless supported by appropriate allegations. It is not the title of the action, nor the prayer for judgment, but the facts set out in the complaint which…