The plaintiff, Abdul Nabi, sought to register a certificate of pending litigation (CPL) against a property legally owned by the defendant, Amar Qadeer, claiming beneficial ownership under an oral trust agreement.
The court found the plaintiff's evidence inconsistent and lacking documentary proof to establish a plausible claim to an interest in land, particularly in light of the Statute of Frauds.
The motion was dismissed as the plaintiff failed to raise a triable issue and the equities favored the defendant, who had occupied the property as his family home since 2012.
