Sahn Ward Braff Koblenz Coschignano, PLLC May 2019 E-Newsletter
Firm News

Firm Successfully Lifts Notice of Pendency in Real Estate Litigation

Christian Browne and Matthew C. McCann successfully moved to vacate a notice of pendency indexed against a client’s home as a result of litigation over a contract of sale. The prospective buyer of the residential property cancelled the contract of sale, demanded the return of the down payment and filed a notice of pendency against the property to prevent its sale. Although the buyer terminated the contract, he claimed to have a “vendee’s lien” over the land, and used such claim to justify his imposition of a notice of pendency.

On behalf of the seller, Mr. Browne and Mr. McCann moved to cancel the notice of pendency, arguing that a buyer who, in essence, seeks the return of his down payment in a breach-of-contract dispute, does not have the right to file a notice of pendency, and may not assert an interest in real property that he does not wish to purchase. Justice Roy Mahon of Nassau County Supreme Court agreed, granted the firm’s motion and cancelled the notice of pendency.

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