There is no claim by plaintiffs of an interest in the adjoining property but, rather, an effort to prevent defendants from committing a wrongful act against them. "A notice of lis pendens cannot be filed where the party who has filed it claims no right, title or interest in or to the real estate against which it is filed, and where the suit concerns simply some encroachment or wrong perpetrated" (Braunston v Anchorage Woods,
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SOURIAN v. SALEH
50 A.D.2d 756 (1975)
Peter Sourian, Individually and as Trustee of Zareh Sourian, Deceased, et al., Appellants, v. Naima Saleh et al., Defendants, and Hampton House Management Corp. et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 11, 1975
December 11, 1975
Appellate Division of the Supreme Court of the State of New York, First Department.
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