DA SILVA v. MUSSO


76 N.Y.2d 436 (1990)

Leon Da Silva, Respondent, v. Antonio Musso et al., Defendants, and Sun Place Realty Corp., Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1990.


Attorney(s) appearing for the Case

Samuel Kirschenbaum, Ira Levine and John C. O'Malley for appellant.

Thomas G. Sherwood, Joseph A. Fiore and Benjamin Vinar for respondent.

Antonio Musso et al., defendants, precluded.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.


TITONE, J.

This appeal concerns the rights of the parties and the operation of the notice of pendency procedures prescribed by CPLR article 65 after an action seeking to "affect the title to, or the possession, use or enjoyment of, real property" has terminated in a final judgment or order dismissing the claimant's complaint. Specifically, we are asked to decide whether a purchaser for value who has actual notice...

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