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John R. Higgitt, law clerk to Associate Justice James M. McGuire, Appellate Division, First Department, and an adjunct assistant professor of law at Benjamin N. Cardozo School of Law, as a recent decisions demonstrates, the question of whether a particular action directly affects real property is not always an easy one. A plaintiff who wishes to use the notice of pendency must therefore take pains to draft a complaint that spells out the factual basis of a claim that would support the filing of a notice of pendency, he notes.
May 14, 2009 at 12:00 AM
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