Opinion
June 5, 1989
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The parties entered into a contract whereby the appellant agreed, in pertinent part, to design a house to be built on certain real property owned by the respondents.
We agree with the Supreme Court that the appellant's complaint in essence seeks damages for breach of the contract. Accordingly, since the appellant's lawsuit does not "directly affect * * * title to, or the possession, use or enjoyment" of the respondents' real property (5303 Realty Corp. v. O Y Equity Corp., 64 N.Y.2d 313, 315-316), the notice of pendency was properly canceled (see, Alternate Energy Mgt. Corp. v. Fontana, 141 A.D.2d 482; Long Is. City Sav. Loan Assn. v. Gottlieb, 90 A.D.2d 766, mod on other grounds 58 N.Y.2d 931). Thompson, J.P., Brown, Lawrence and Rubin, JJ., concur.