The defendants moved to discharge a certificate of pending litigation (CPL) granted ex parte against a specific property.
The court found that the plaintiffs breached their duty of full and fair disclosure on the ex parte motion by failing to present evidence supporting their claim to an interest in the subject property and by making unsubstantiated assertions.
Furthermore, the court held that there was no triable issue regarding the plaintiffs' interest in the property.
The motion was granted and the CPL against the property was discharged.
