Does a cause of action to impose a constructive trust on real property alone permit the filing of a notice of pendency?

"New York", United States of America

The following excerpt is from Ostad v. Nehmadi, 2011 NY Slip Op 50565 (N.Y. Sup. Ct. 2011):

Other New York cases support the rule that a cause of action to impose a constructive trust on real property will not alone permit the filing of a notice of pendency if the alleged claim does not have a direct relationship to the subject real property. In Maiorino v. Galindo, the court struck down a notice of pendency in an action alleging improper diversion of corporate assets to improve certain real property. (65 AD3d at 525). While one of the plaintiff's requests for relief involved the imposition of constructive trust on underlying real property, the court held that the complaint did not adequately plead a cause of action to impose a constructive trust on the real property in question because the plaintiff had no preexisting interest in the subject real property. (Id.).

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