Legal Opinion
5303 Realty Corp. v. O & Y Equity Corp.
New York Court of Appeals
Decided December 27, 1984PublishedCited by 138 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
A notice of pendency, commonly known as a “lis pendens,” can be a potent shield to protect litigants claiming an interest in real property. The powerful impact that this device has on the alienability of property, when conjoined with the facility with which it may be obtained, calls for its narrow application to only those lawsuits directly affecting title to, or the possession, use or *316enjoyment of, real property. Consequently, a suit to specifically perform a contract for the sale of stock representing a beneficial ownership of real estate will not…
2Cases cited35 opinions
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Brock v. . PoorNew York Court of Appeals · 1915
- State Tax Commission v. ShorNew York Court of Appeals · 1977
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
30 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- United States v. Wallach, Rusty Kent London, Eugene Robert Wallach, A/K/A "E. Robert (Bob) Wallach," and Wayne Franklyn ChinnCourt of Appeals for the Second Circuit · 1991
- Da Silva v. MussoNew York Court of Appeals · 1990
- TSA International Ltd. v. Shimizu Corp.Hawaii Supreme Court · 1999
- In Re the Estate of SakowNew York Court of Appeals · 2002
- TPM Holdings, Inc. v. Intra-Gold Industries, Inc.Court of Appeals for the First Circuit · 1996
133 more not listed; retrieve them via the Exa API.