AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

MARIO CHIULLI et al, Respondents, v. CROSS WESTCHESTER DEVELOPMENT CORP. et al., Appellants.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the fourth decretal paragraph thereof which denied that branch of the defendants' motion which sought to cancel the notice of pendency filed on December 2, 1985, is stricken, and a provision granting that branch of the defendants' motion is substituted therefor.

The second notice of pendency filed against the subject property on December 2, 1985, must be canceled. A prior notice of pendency regarding the same property was properly canceled due to the plaintiffs' failure to effect service of the summons within 30 days of the filing of the notice of pendency (see, CPLR 6512, 6514 [b]). The action underlying the second notice of pendency, which seeks specific performance of a contract for the conveyance of the subject property, proceeds upon the same contract and theory as the cause of action underlying the first notice of pendency. The addition of an allegedly new plaintiff was more a change of form than of substance. Under the circumstances, successive filings of notices of pendency cannot be permitted to stand (see, Israelson v. Bradley, 308 N.Y. 511; Holiday Investors Corp. v. Breger Co., 112 A.D.2d 979). Mollen, P.J., Rubin, Kooper and Sullivan, JJ., concur.

Use AI to get other relevant cases.

Comments

CHIULLI v. CROSS WESTCHESTER DEV. CORP
(Nov 30, 1987)