The plaintiff, a real estate developer, moved for leave to register a certificate of pending litigation (CPL) against a property purchased by the defendants.
The plaintiff alleged the defendants used its confidential strategic development plan to acquire the property, breaching a confidentiality agreement, and sought a constructive trust.
The court found the plaintiff raised a triable issue regarding an interest in the land based on breach of confidence and unjust enrichment.
However, the court declined to grant the CPL, finding the property was not unique, damages were an adequate and calculable alternative remedy, and the potential harm to the defendants' financing outweighed the harm to the plaintiff.
