Grossfeld v. Beck

In a shareholder’s derivative action to impress a constructive trust on certain real property and for an accounting, plaintiffs appeal from an order of the 'Supreme Court, Nassau County, entered March 29, 1973, which granted a motion by defendant Fourth Ocean Putnam Corp. to cancel of record a lis pendens theretofore filed. Order reversed, with $20 costs and disbursements, and motion denied. In dur opinion a lis pendens may properly be filed in a shareholder’s derivative action if the action is one “in which the judgment demanded would affect the title to, or the possession, use or enjoyment…