Layton v. 199 West 139th Street Corp.

Appellate Division of the Supreme Court of New York

Layton v. 199 West 139th Street Corp.

192 A.D.2d 494, 598 N.Y.S.2d 702, 1993 N.Y. App. Div. LEXIS 4365

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1993·Published

Opinion

—Order, Supreme Court, New York County (Myriam Altman, J.), entered December 2, 1992, which granted defendant’s motion to cancel plaintiffs notice of pendency with respect to the sale of a parcel of real property, unanimously affirmed, with costs.

On the record before this Court, plaintiff has not shown that the trial court abused its discretion in cancelling the notice of pendency, since, as the IAS Court found, it appears this action was not commenced in good faith (CPLR 6514 [b]). Concur— Sullivan, J. P., Carro, Milonas, Kupferman and Ross, JJ.

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—Order, Supreme Court, New York County (Myriam Altman, J.), entered December 2, 1992, which granted defendant’s motion to cancel plaintiffs notice of pendency with respect to the sale of a parcel of real property, unanimously affirmed, with costs.

On the record before this Court, plaintiff has not shown that the trial court abused its discretion in cancelling the notice of pendency, since, as the IAS Court found, it appears this action was not commenced in good faith (CPLR 6514 [b]). Concur— Sullivan, J. P., Carro, Milonas, Kupferman and Ross, JJ.

Layton v. 199 West 139th Street Corp., 192 A.D.2d 494, 598 N.Y.S.2d 702, 1993 N.Y. App. Div. LEXIS 4365 (N.Y. Ct. App. 1993).

Pincite

192 A.D.2d 494 (Layton v. 199 West 139th Street Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.