Ryan v. La Rosa

Motion to cancel a notice of pendency of action granted.

The plaintiff is an attorney who has allegedly represented the defendants in certain real estate negotiations. In a complaint containing seven causes of action he sues for the reasonable value of Ms services. None of the actions are brought to “ recover a judgment affecting the title to, or the possession, use, or enjoyment of real property ” (Civ. Prac. Act, § 120). Therefore, the plaintiff was not entitled to file a notice of pendency of action (Kauffman v. Simis, 156 App. Div. 208). However, as the motion is for relief under section…