A notice of pendency (NOP) “provides constructive notice of an action where the judgment may affect the title to real property….” A NOP may be filed in a “constructive trust action only where the plaintiff seeks to impose a trust on the defendant’s actual real property.” Where the “res of the prospective trust is not real property, then a (NOP) is not available….” Thus, appellate authority held a NOP is unavailable “where the res sought were really interests in various corporations.”

The defendant movant argued that 28 NOPs had been “improperly filed” because the subject properties “are owned by holding companies which in turn are owned by (defendant and perhaps other individuals).” The defendant argued that the plaintiffs “merely have interests in companies and not in any real property.”

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