Alternate Energy Management Corp. v. Fontana

Full title: ALTERNATE ENERGY MANAGEMENT CORP., Appellant, v. JOHN P. FONTANA et al.…

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

Date published: Jun 6, 1988

141 A.D.2d 482 (N.Y. App. Div. 1988)

Opinion

June 6, 1988

Appeal from the Supreme Court, Westchester County (Ruskin, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court, Westchester County, that vacatur of the notice of pendency was warranted because the plaintiff, by the requests for relief in its complaint, did not seek to affect the title to, or the possession, use or enjoyment of, the defendants' real property (see, 5303 Realty Corp. v O Y Equity Corp., 64 N.Y.2d 313; Long Is. City Sav. Loan Assn. v Gottlieb, 90 A.D.2d 766, mod on other grounds 58 N.Y.2d 931). Bracken, J. P, Brown, Lawrence and Spatt, JJ., concur.