Alternate Energy Management Corp. v. Fontana

Appellate Division of the Supreme Court of New York

Alternate Energy Management Corp. v. Fontana

141 A.D.2d 482, 529 N.Y.S.2d 712, 1988 N.Y. App. Div. LEXIS 6306

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 6, 1988

StatusPublished

Cited by3 cases

This text of 141 A.D.2d 482 (Alternate Energy Management Corp. v. Fontana) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alternate Energy Management Corp. v. Fontana, 141 A.D.2d 482, 529 N.Y.S.2d 712, 1988 N.Y. App. Div. LEXIS 6306 (N.Y. Ct. App. 1988).

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Opinion

In an action, inter alia, to recover damages based upon the defendants’ allegedly wrongful possession of certain solar energy equipment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), dated September 14, 1987, which, inter alia, granted the defendants’ motion to cancel and discharge of record a notice of pendency filed by the plaintiff against the defendants’ real property located at 925 Saw Mill River Road, Yonkers, New York.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court, Westchester County, that vacatur of the notice of pendency was warranted because the plaintiff, by the requests for relief in its complaint, did not seek to affect the title to, or the possession, use or enjoyment of, the defendants’ real property (see, 5303 Realty Corp. v O & Y Equity Corp., 64 NY2d 313; Long Is. City Sav. & Loan Assn. v Gottlieb, 90 AD2d 766, mod on other grounds 58 NY2d 931). Bracken, J. P, Brown, Lawrence and Spatt, JJ., concur.

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In an action, inter alia, to recover damages based upon the defendants’ allegedly wrongful possession of certain solar energy equipment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), dated September 14, 1987, which, inter alia, granted the defendants’ motion to cancel and discharge of record a notice of pendency filed by the plaintiff against the defendants’ real property located at 925 Saw Mill River Road, Yonkers, New York.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court, Westchester County, that vacatur of the notice of pendency was warranted because the plaintiff, by the requests for relief in its complaint, did not seek to affect the title to, or the possession, use or enjoyment of, the defendants’ real property (see, 5303 Realty Corp. v O & Y Equity Corp., 64 NY2d 313; Long Is. City Sav. & Loan Assn. v Gottlieb, 90 AD2d 766, mod on other grounds 58 NY2d 931). Bracken, J. P, Brown, Lawrence and Spatt, JJ., concur.

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141 A.D.2d 482, 529 N.Y.S.2d 712, 1988 N.Y. App. Div. LEXIS 6306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alternate-energy-management-corp-v-fontana-nyappdiv-1988.

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