The defendants, a father and his common-law partner, brought motions to set aside an ex parte order granting the plaintiff son leave to register a Certificate of Pending Litigation (CPL) against their property, and to discharge the CPL.
The father also sought leave to register a CPL against a property he had previously transferred to the son.
The court set aside the ex parte order and discharged the CPL on the defendants' property, finding the son failed to make full and fair disclosure of material facts and had no triable claim to an interest in the land.
The court granted the father leave to register a CPL against the son's property, finding a triable issue of a resulting trust arising from the gratuitous transfer.
