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416 Properties Inc. v. Stampler

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1963
19 A.D.2d 801 (N.Y. App. Div. 1963)

Opinion

October 3, 1963


Order, entered on August 6, 1963, vacating lis pendens, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and motion by defendant to vacate lis pendens denied. Plaintiff seeks to declare null and void an agreement of easement affecting an alley one half owned by each party. Plaintiff may file a lis pendens under section 6501 N.Y.C.P.L.R. of the Civil Practice Law and Rules (formerly Civ. Prac. Act, § 120) because the action is brought to recover a judgment "affecting the title to, or the possession, use, or enjoyment of real property". (See Schomacker v. Michaels, 189 N.Y. 61, especially 64-65; Lafayette Forwarding Co. v. Rothbart Garage Operators, 205 App. Div. 247.) Braunston v. Anchorage Woods ( 10 N.Y.2d 302) is distinguishable in that it involved only a nuisance, that is, a remedy for tort. Thus, the issue there was unrelated to the title, possession, use or enjoyment of defendant's land, in the property sense of those terms. While in this case a trespass is involved contingently, the central issue is that involving a property interest, namely, an easement.

Concur — Botein, P.J., Breitel, Rabin, Eager and Steuer, JJ.


Summaries of

416 Properties Inc. v. Stampler

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1963
19 A.D.2d 801 (N.Y. App. Div. 1963)
Case details for

416 Properties Inc. v. Stampler

Case Details

Full title:416 PROPERTIES INC., Appellant, v. DANIEL STAMPLER, Respondent

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

Date published: Oct 3, 1963

Citations

19 A.D.2d 801 (N.Y. App. Div. 1963)