Opinion
January 26, 1987
Appeal from the Supreme Court, Orange County (Delaney, J.).
Ordered that the order is affirmed, with costs.
The plaintiff instituted this action in Kings County alleging the existence of a partnership between him and the defendant Martin S. Grant and that certain real properties in Orange County were to be purchased by the defendant Martin S. Grant in the name of the partnership, but in fact were purchased in the name of the appellants. The plaintiff seeks, among other relief, the imposition of constructive trusts on this realty.
Such an action seeks a judgment affecting title to, or the possession, use or enjoyment of real property within the purview of CPLR 6501, thus permitting the filing of notices of pendency (Roedel v. Roedel, 3 A.D.2d 623, rearg and appeal denied 3 A.D.2d 690).
The filing of the Kings County complaint with the notices of pendency in Orange County is mandated by CPLR 6511 (a) and does not constitute the initiation of an action in Orange County. Mollen, P.J., Bracken, Lawrence, Kooper and Sullivan, JJ., concur.