Notice Of Pendency May Not Be Filed In Action For Specific Performance Of Warranty Provisions Of Condominium Offering Plan

CPLR 6501 provides that a Notice of Pendency may be filed in any action “in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property.” Last Tuesday, in Board of Mgrs. of Woodpoint Plaza Condominium v Woodpoint Plaza, LLC, 2007 NY Slip Op 06818, the Second Department held that an action for specific performance of warranty provisions of a condominium offering plan is not such an action, and thus, a Notice of Pendency may not be filed in such an action. The Court simply noted that the courts have traditionally applied a narrow interpretation of CPLR 6501.

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