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Ex parte motion for a Certificate of Pending Litigation dismissed as damages were an adequate remedy.
The plaintiff brought an ex parte motion for a Certificate of Pending Litigation (CPL) against a property after a failed real estate transaction.
The plaintiff had paid a $250,000 deposit to a corporation that was not yet the registered owner, relying on representations from an intermediary.
When the transaction failed, the deposit was not returned, and the plaintiff sought a CPL claiming a constructive trust.
The court found the plaintiff established a reasonable interest in the property but dismissed the motion because equitable factors, including the plaintiff being a shell corporation and damages being an adequate remedy, weighed against issuing the CPL.
