The plaintiff sought a certificate of pending litigation (CPL) against a condominium unit following a failed purchase transaction involving alleged fraud and a forged signature.
The motion was dismissed.
The court found no triable issue regarding the plaintiff's interest in the land, as his interest was lost upon failure to close.
Even if a triable issue existed, the property was not unique, and damages would be an adequate remedy.
The court emphasized that the vendor (Monarch) was an innocent party and should not be unduly prejudiced by holding the unit.
Costs were awarded to the responding defendants.
