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OLA CONTRACTING COMPANY, INC. v. GUILD CAPITAL, INC.

285 A.D.2d 382 (2001)

727 N.Y.S.2d 308

OLA CONTRACTING COMPANY, INC., Respondent, v. GUILD CAPITAL, INC., et al., Appellants.

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

Decided July 12, 2001.

In denying defendants' motion, the IAS court found unspecified questions of fact which precluded the cancellation of the notices of pendency. However, a notice of pendency may be filed only when "the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property" (CPLR 6501). Nowhere in the verified complaint, which pleads causes of action for breach of an oral partnership agreement to build...

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