The defendant brought a motion to discharge a certificate of pending litigation (CPL) granted ex parte to the plaintiffs over a condominium redevelopment property.
The defendant argued the plaintiffs failed to make full and fair disclosure by omitting a standard form agreement of purchase and sale and relevant emails.
The court found the plaintiffs complied with their disclosure obligations, as the inclusion of the standard agreement was a triable issue rather than a deliberate omission.
The court also found the property was unique to the plaintiffs under the Dhunna factors.
The motion to discharge the CPL was dismissed.
