WILSON v. POWER HOUSE DEVELOPMENT CORP.


12 A.D.3d 505 (2004)

783 N.Y.S.2d 858

LINFORD WILSON et al., Appellants, v. POWER HOUSE DEVELOPMENT CORP., Respondent.

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

November 15, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the notice of pendency is reinstated.

The defendant moved to cancel the plaintiffs' notice of pendency (see CPLR 6501). However, the plaintiffs seek, inter alia, to foreclose a vendee's lien to recover a down payment made on a contract for the sale of real property. Accordingly, the action is one in which the judgment demanded would affect title to real property and the notice...

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