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LEHMANN v. EDM LENOX, LLC

Index No. 653609/18. Appeal No. 12428. Case No. 2020-00661.

188 A.D.3d 570 (2020)

132 N.Y.S.3d 631

2020 NY Slip Op 06858

David Lehmann et al., Appellants, v. EDM Lenox, LLC, et al., Respondents.

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

Decided November 19, 2020.

In this action concerning defendant seller's right to retain plaintiff's down payment for the purchase of an apartment, plaintiff filed a notice of pendency. Here, where plaintiffs seek to recover the down payment, and not to possess the property, the lis pendens was improper and the court properly canceled it (Rose v Montt Assets, 250 A.D.2d 451, 452 [1st Dept 1998]; see also Hoffmann...

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