416 Properties Inc. v. Stampler

Order, entered on August 6, 1963, vacating lis pendens, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and motion by defendant to vacate lis pendens denied. Plaintiff seeks to declare null and void an agreement of easement affecting an alley one half owned by each party. Plaintiff may file a lis pendens under section 6501 of the Civil Practice Law and Rules (formerly Civ. Prae. Act, § 120) because the action is brought to recover a judgment “ affecting the title to, or the possession, use, or enjoyment of real property”. (See Schomacker v. Michaels, 189…