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801-803, LLC v. 805 NINTH AVE. REALTY GROUP, LLC

Index. 151845/19. Appeal No. 12353. Case No. 2019-4669.

188 A.D.3d 478 (2020)

132 N.Y.S.3d 293

2020 NY Slip Op 06442

801-803, LLC, Appellant, v. 805 Ninth Avenue Realty Group, LLC, et al., Respondents.

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

Decided November 12, 2020.

The court properly vacated the lis pendens filed by plaintiff on property owned by defendant Ninth Avenue that is contiguous with plaintiff's building, as plaintiff claims no interest in defendant's land but merely seeks to prevent defendants from committing a wrongful act against it (CPLR 6501; see Braunston v Anchorage Woods, 10 N.Y.2d 302, 305 [1961]). Plaintiff alleges that defendants' construction of a six-story building on...

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