Tavolacci v. Valentine Enterprises, Inc.

Defendants move by an order to show cause to have a lis pendens vacated and cancelled on the ground that the complaint is not one seeking a judgment affecting title to, possession, or use or enjoyment of real property.

The original complaint filed with the lie pendens alleges that the plaintiff is the owner of certain lots in the City of Yonkers and that the defendants wrongfully removed quantities of earth therefrom, depreciating and damaging plaintiff’s property in the amount of $3,830. The plaintiff seeks treble damages and further alleges that the defendants are developers, that they have…