DIAZ v. PATERSON

Docket Nos. 05-2685-cv, 06-3942-cv(L), 06-3992-cv(con).

547 F.3d 88 (2008)

Oscar DIAZ, Plaintiff-Appellant, v. David PATERSON, individually and in his official capacity as Governor of the State of New York, Andrew Cuomo, individually and in his official capacity as Attorney General of the State of New York, Thomas P. Di Napoli, individually and in his official capacity as Comptroller of the State of New York, Hector Diaz, individually and in his official capacity as Clerk of the County of the Bronx, and on behalf of a defendant class of New York County Clerks and Churchill Mortgage Investment Corporation, Defendants-Appellees. Jehed Diamond and Joseph Betesh, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. David Paterson, individually and in his official capacity as Governor of the State of New York, Andrew Cuomo, individually and in his official capacity as Attorney General of the State of New York, Thomas P. Di Napoli, individually and in his official capacity as Comptroller of the State of New York, Gloria D'Amico and Sharon A. O'Dell, individually and in their official capacity as Clerk of the County of Queens and as Clerk of Delaware County respectively, and on behalf of a defendant class of New York County Clerks, Christopher Jones and Abraham Betesh, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2008.


Attorney(s) appearing for the Case

Janet Benshoof (Toby Golick, Cardozo Bet Tzedek Legal Services, on the brief), New York, NY, for Plaintiffs-Appellants.

Benjamin Rosenberg, Chief Trial Counsel (Barbara D. Underwood, Solicitor General, Michael S. Belohlavek, Senior Counsel, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: JACOBS, Chief Judge, KEARSE and POOLER, Circuit Judges.


DENNIS JACOBS, Chief Judge:

These putative class actions challenge the constitutionality of the New York law, codified at N.Y. Civil Practice Law & Rules 6501-6516 ("Article 65"), that allows a plaintiff who brings a lawsuit claiming interest in real property to file a lis pendens with respect to the property. The lis pendens (also called a "notice of pendency") alerts future buyers or interest holders of a prior claim. Plaintiffs argue, under Connecticut v...

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