DON v. SINGER

2855, 105584/06

73 A.D.3d 583 (2010)

900 N.Y.S.2d 733

GARY DON et al., Respondents, v. BARUCH SINGER et al., Defendants. 855 REALTY OWNER LLC, Nonparty Appellant.

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

Decided May 20, 2010.


In view of the remedial goal of CPLR article 65 (see 5303 Realty Corp. v O & Y Equity Corp., 64 N.Y.2d 313 [1984]) and the viability of the claims for a constructive trust (see Klein v Gutman, 12 A.D.3d 348 [2004]), the notice of pendency was properly extended. Since the complaint sought the placement of the subject properties in a constructive trust in order to protect plaintiffs...

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