Legal Opinion
Weidel v. Kaba Realty, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 2007PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to compel defendant Kaba Realty, LLC, to board up certain windows on the subject property, the plaintiff appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated February 7, 2006, which granted the defendant’s motion to cancel a notice of pendency filed by the plaintiff on the subject property.
Ordered that the order is affirmed, with costs.
The Supreme Court correctly determined that the plaintiffs action was not one seeking to affect “the title to, or the possession, use or enjoyment of, real property” (CPLR 6501). Accordingly, it properly…
2Cases cited5 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961
- Shkolnik v. KrutoyAppellate Division of the Supreme Court of the State of New York · 2006
- Tsiporin v. ZiegelAppellate Division of the Supreme Court of the State of New York · 1994
- Raimonda v. CahnAppellate Division of the Supreme Court of the State of New York · 1966
3Cited by2 opinions
- Board of Managers of Woodpoint Plaza Condominium v. Woodpoint Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Neng Duan Lin v. 111-38 Management Corp.New York Supreme Court · 2009