GARY DON v. BARUCH SINGER

In view of the remedial goal of CPLR article 65 ( see 5303 Realty Corp. v O Y Equity Corp., 64 NY2d 313) and the viability of the claims for a constructive trust ( see Klein v Gutman, 12 AD3d 348), the notice of pendency was properly extended. Since the complaint sought the placement of the subject properties in a constructive trust in order to protect plaintiffs' alleged ownership interest therein, this action affects the "title to, or the possession, use or enjoyment of real property" ( see Peterson v Kelly, 173 AD2d 688, 689; compare Yonaty v Glauber, 40 AD3d 1193, 1195).

We have considered appellant's remaining claims, including those related to the court's prior order of May 30, 2007, and find them unavailing.