The plaintiff brought a motion for leave to register a Certificate of Pending Litigation (CPL) against a condominium property.
The plaintiff had assigned her agreement of purchase and sale to the first defendant, who later transferred his interest to his parents (the co-defendants) without paying the plaintiff the balance owed under the assignment agreement.
The court found no triable issue for a resulting or constructive trust.
Applying the Grefford test for a CPL in a fraudulent conveyance action, the court found a high probability of success and a triable issue regarding intent to defeat creditors, but ultimately dismissed the motion because the balance of convenience weighed against granting the CPL.
