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TSILOGIANNIS v. 53-11 90TH STREET ASSOCIATES, INC.

293 A.D.2d 468 (2002)

739 N.Y.S.2d 633

GEORGE TSILOGIANNIS, Respondent, v. 53-11 90TH STREET ASSOCIATES, INC., et al., Appellants.

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

Decided April 1, 2002.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

Upon reviewing the allegations of the complaint (see 5303 Realty Corp. v O & Y Equity Corp., 64 N.Y.2d 313), we find that the filing of a notice of pendency in this case was improper. The only claim of the plaintiff for which "the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property" (CPLR...

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