The plaintiff brought a motion for a certificate of pending litigation in an action for specific performance of an agreement of purchase and sale of a residential property.
The transaction failed to close after the property remained occupied by a tenant and other individuals, and the plaintiff subsequently asked for her deposit back.
The court dismissed the motion, finding that the plaintiff lost any claim to an interest in the land when she chose to terminate the agreement, and that her allegations of misrepresentation would only give rise to a claim for damages.
