The plaintiff developer brought a motion without notice for a certificate of pending litigation (CPL) against the defendant purchaser's existing home.
The parties had entered into a pre-construction agreement of purchase and sale for a condominium, which included a clause granting the plaintiff an equitable interest in the defendant's existing home as security in the event of default.
The court found that the plaintiff raised a triable issue regarding an interest in land based on the contractual terms and the defendant's alleged failure to pay the deposit and complete occupancy closing.
The motion for leave to issue a CPL was granted.
