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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Real Property Law

By New York Real Estate Law Reporter Staff
December 01, 2023

Notice of Pendency Improper In Private Nuisance Action

Whelan v. Busiello, 2023 WL 5251503, AppDiv, Second Dept. (memorandum opinion)

In an action to recover damages for private nuisance, complainants and their lawyer appealed from Supreme Court's vacatur of their notice of pendency, imposition of costs and expenses on complainants, and imposition of sanctions on the lawyer. The Appellate Division modified with respect to costs and expenses, but otherwise affirmed, holding that the notice of pendency was improper in a private nuisance action.

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