Judge Wesley said historically lis pendens attached initially upon service of process and “impaired the marketability of real property without regard to disclosure of the interest created by the litigation.” He said most states, including New York, replaced the common law doctrine with a statutory requirement.
ALBANY – In response to a certified question arising from a longstanding squabble over the assets of a Manhattan real estate speculator who died during the Eisenhower Administration, the Court of Appeals decided yesterday that a plaintiff may not file a notice of pendency on the same causes of action when a prior notice expired.
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