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EISELE v. EISELE

37 A.D.3d 376 (2007)

830 N.Y.S.2d 149

CHRISTOPHER P. EISELE, Appellant, v. RICHARD C. EISELE, Respondent.

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

Decided February 27, 2007.

Having entered into a stipulation in which he agreed to sell the subject property and proceed to a trial regarding the distribution of the proceeds of the sale, plaintiff is no longer entitled to a lis pendens on the property since he relinquished his interest in the property and acknowledged that the sole issue for resolution is money damages. The lis pendens was thus properly vacated (see 5303 Realty Corp. v O & Y Equity Corp., 64 N.Y.2d 313...

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