The plaintiff brought a motion for leave to issue a certificate of pending litigation (CPL) against the defendant's property, claiming specific performance of an alleged agreement of purchase and sale.
The defendant argued there was no binding agreement and raised the Statute of Frauds.
The court found triable issues regarding the real estate agent's authority to bind the defendant, whether the terms were agreed upon, and whether the Statute of Frauds was satisfied through written communications or part performance.
Balancing the equitable factors, the court concluded the potential prejudice to the plaintiff outweighed the presumptive prejudice to the defendant and granted leave to issue the CPL.
