The defendants moved to discharge a Certificate of Pending Litigation (CPL) on a property, which the plaintiff had obtained ex parte.
The court granted leave for a non-party to intervene.
The CPL was discharged due to the plaintiff's material non-disclosure regarding notice to the defendants and incorrect factual statements in the motion materials.
Additionally, the court found no triable issue regarding the plaintiff's claim to an interest in the property, and a consideration of the equities also supported the CPL's discharge.
