The defendants moved to set aside an order granting a certificate of pending litigation (CPL) against the LaSalle Property and to discharge the CPL.
The plaintiff had obtained the CPL without notice, claiming a plausible interest in the property via constructive or resulting trust and proprietary estoppel.
The defendants argued no triable interest and material non-disclosure.
The court dismissed the defendants' motion, finding a triable issue existed and no material non-disclosure that would have altered the original CPL grant.
The court also dismissed a third party's motion to intervene.