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GROSSFELD v. BECK

42 A.D.2d 844 (1973)

Seymour Grossfeld et al., Appellants, v. Leonard Beck, Individually and Doing Business as Lenny's Steak House, et al., Defendants; Fourth Ocean Putnam Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1973

Order reversed, with $20 costs and disbursements, and motion denied.

In our opinion a lis pendens may properly be filed in a shareholder's derivative action if the action is one "in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property" (CPLR 6501). In this case, one cause of action seeks to impress a constructive trust on real property and the other seeks an accounting for waste of corporate assets. The...

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