The appellants, pre-construction purchasers of townhouses and condominiums, appealed the dismissal of their motion for a certificate of pending litigation (CPL).
The original developer transferred the lands to a lender, Grand Grace, after defaulting on loans.
Grand Grace took title free of the unregistered agreements of purchase and sale and resold the properties.
The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the Associate Justice's conclusion that the properties were not unique, damages were an adequate remedy, and the non-registration clauses in the agreements weighed against granting a CPL.
