YONATY v. GLAUBER


40 A.D.3d 1193 (2007)

834 N.Y.S.2d 744

MARK YONATY, Appellant, v. BARUCH GLAUBER et al., Respondents. (And Another Related Action.)

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

Decided May 3, 2007.


Spain, J.

The narrow issue on this appeal is whether plaintiff's action qualifies as one "in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property" (CPLR 6501) so as to authorize the filing of a notice of pendency. Applying the "narrow interpretation" given to this unique provisional remedy (5303 Realty Corp. v O & Y Equity Corp., 64 N.Y.2d 313, 321 [1984]; see...

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