Braunston v. Anchorage Woods, Inc.

Burke, J. (dissenting).

We dissent and vote to affirm. Both Special Term and the Appellate Division have found that the Us pendens had been properly filed, since a judgment rendered against the appellants might affect the use and enjoyment of the land.

We agree with the courts below. Section 120 of the Civil Practice Act, which provides that a plaintiff is entitled to file a Us pendens “ In an action brought to recover a judgment affect*307ing the title to, or the possession, use, or enjoyment of real property ”, authorized the filing of a Us pendens in this action, wherein a judgment against…