Don v. Singer

Order, Supreme Court, New York County (Joan A. Madden, J.), entered April 27, 2009, which granted plaintiffs’ motion to extend the notice of pendency filed against the subject properties, and denied appellant’s cross motion to vacate and cancel the notice of pendency, unanimously affirmed, with costs.

In view of the remedial goal of CPLR article 65 (see 5303 Realty Corp. v O & Y Equity Corp., 64 NY2d 313 [1984]) and the viability of the claims for a constructive trust (see Klein v Gutman, 12 AD3d 348 [2004]), the notice of pendency was properly extended. Since the complaint sought the…