The defendant brought a motion to discharge a Certificate of Pending Litigation (CPL) that the plaintiff had obtained ex parte on a property.
The CPL was based on a 2010 Rent-to-Own Agreement, which required the plaintiff to make payments beyond rent and arrange financing within three to five years.
The plaintiff failed to comply with these terms and did not pursue the purchase option for many years.
The court found no reasonable claim to an interest in land and no triable issue, noting that any alleged improvements could be addressed by way of damages.
The motion to discharge the CPL was granted, and the court invited costs submissions from the defendant.
