The appellant appealed an order vacating a certificate of pending litigation (CPL) from a property title.
The CPL was initially granted without proper notice to the respondents and based on materially incorrect factual representations by the appellant's counsel.
The court upheld the Associate Justice's decision to vacate the CPL, emphasizing the duty of full and fair disclosure in motions, particularly those effectively brought without notice, and the impact of inaccurate evidentiary records.
The court also affirmed the Associate Justice's discretion in allowing an intervener to participate.
