140 A.D.2d 311 | N.Y. App. Div. | 1988
The complaint, which seeks to impose a constructive trust on real property allegedly purchased with funds fraudulently removed from the defendant Investors Data Technology, Inc., and requests a reconveyance of real property to that corporation, clearly demands a judgment which would affect the title to, or the possession, use or enjoyment of real property (see, CPLR 6501). Therefore, it justifies the filing of a lis pendens by the plaintiff (see, 5303 Realty Corp. v O & Y Equity Corp., 64 NY2d 313, 320; Grossfeld v Beck, 42 AD2d 844). Brown, J. P., Weinstein, Spatt and Balletta, JJ., concur.