The plaintiffs sought leave to issue and register a certificate of pending litigation (CPL) on a residential property, claiming a 50% ownership interest based on an alleged oral agreement and part performance.
The defendant denied a firm agreement, asserting a temporary arrangement and having returned the plaintiffs' payments with interest.
The court applied the two-part test for CPLs, considering whether there was a reasonable claim to an interest in land and the equities.
Despite finding a triable issue regarding the oral agreement, the court concluded that the equitable factors did not favor granting the CPL, particularly as damages were calculable and deemed an adequate remedy.
The motion was dismissed.
