From Casetext: Smarter Legal Research

Robert Fiance Hair Design v. Concourse Prop

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 564 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

Appeal from the Supreme Court, Queens County (Levine, J.).


Ordered that the order is affirmed, with costs.

The complaint, which seeks to enforce provisions of a lease, plainly demands a judgment which would affect the title to, or the possession, use or enjoyment of, real property (see, CPLR 6501). Therefore, it justifies the filing of a notice of pendency by the plaintiff (see, 5303 Realty Corp. v. O Y Equity Corp., 64 N.Y.2d 313, 320). The likelihood of the plaintiff's success on the merits is irrelevant to determining the validity of the notice of pendency (see, 5303 Realty Corp. v. O Y Equity Corp., supra; Interboro Operating Corp. v. Commonwealth Sec. Mtge. Corp., 269 N.Y. 56, 59). Finally, the defendants' constitutional challenge to CPLR 6501 is not properly before this court inasmuch as the defendants failed to raise the issue before the court of first instance (see, Melahn v. Hearn, 60 N.Y.2d 944, 945) and failed to serve the Attorney-General with notice thereof (see, Roberts v. Gross, 100 A.D.2d 540, 541; Executive Law § 71; CPLR 1012). Bracken, J.P., Brown, Rubin and Spatt, JJ., concur.


Summaries of

Robert Fiance Hair Design v. Concourse Prop

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 564 (N.Y. App. Div. 1987)
Case details for

Robert Fiance Hair Design v. Concourse Prop

Case Details

Full title:ROBERT FIANCE HAIR DESIGN INSTITUTE, INC., Respondent, v. CONCOURSE…

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

Date published: May 11, 1987

Citations

130 A.D.2d 564 (N.Y. App. Div. 1987)

Citing Cases

NEW YORK SMSA LTD. PARTNERSHIP v. 225 5th, LLC

In determining whether to cancel the notice of pendency in the instant case, the issue before the court is…

Nadeau v. Tuley

Concededly, employment of the "plain meaning" test (see, McKinney's Cons Laws of NY, Book 1, Statutes § 94;…