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BOARD OF MGRS. OF 334 E. 54TH ST. CONDOMINIUM v. 336 E. 54 ST. ASSOC. LLC

Index No. 157374/17. Appeal No. 14472. Case No. 2020-02088.

198 A.D.3d 560 (2021)

152 N.Y.S.3d 892

2021 NY Slip Op 05809

The Board of Managers of 334 East 54th Street Condominium, Appellant, v. 336 East 54 Street Associates LLC, Respondent, et al., Defendant.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Rich, Intelisano & Katz, LLP, New York ( Steven C. Cramer of counsel), for appellant.

Pryor Cashman LLP, New York ( Eric D. Sherman of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.

The court properly found that the notice of pendency was beyond the scope of CPLR 6501. The complaint does not seek removal of a portion of the shared party wall, but rather the Styrofoam façade finishing that was installed onto the surface of the wall. A notice of pendency is improper where "the party who has filed it claims no right, title or interest in or to the real estate against which it is filed, and where the suit...

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