PK Rest., LLC v Lifshutz, 2016 NY Slip Op 02595 [1st Dep’t Apr. 5, 2016]

Apr 05, 2016

OUTCOME: First Department, Appellate Division held that the notice of pendency must be cancelled

In this lawsuit a commercial tenant filed a notice of pendency or lis pendens against a building claiming, among other things, that it had the right to be restored to possession of the premises. Bash ... ian & Papantoniou moved to vacate the notice of pendency because a leasehold interest is deemed to be personal property and not an interest that would affect title to, or the possession, use or enjoyment of, real property, as required by statute in order for a notice of pendency to be filed in the courts of New York.

PK Rest., LLC v Lifshutz, 138 AD3d 434, 435 [1st Dept 2016]

N/A

OUTCOME:

Holding that a lease is personalty and that a notice of pendency against leased property was unavailable to sublessee in an action to seeking recover possession under sublease.

Federal National Mortgage Assoc. v. Lipman, 57722/16, NYLJ 1202794849789, at *1 (Sup., WE, Decided July 31, 2017)

N/A

OUTCOME: