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GREENBERG v. TAMIR

178 A.D.2d 184 (1991)

David Greenberg et al., Respondents, v. Shalom Tamir et al., Appellants

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

December 10, 1991

The mere filing of a notice of pendency is not an actionable wrong, but its continuation on appeal by the posting of an undertaking creates liability if damages are demonstrated (Chain Locations v T.I.M.E. — DC, Inc., 99 A.D.2d 111). Here, with respect to the award of $21,646 for expenses plaintiffs incurred in the action brought by their prospective purchasers, IAS properly determined...

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