The plaintiff brought a motion for a certificate of pending litigation (CPL) regarding two properties, alleging they were part of a real estate partnership with his father.
The court found there was a triable issue regarding an interest in land but declined to grant the CPL based on equitable factors.
The court concluded that damages would be a satisfactory remedy and that a CPL should not be used to secure a claim for damages.
The motion was dismissed and the interim CPL was discharged.
