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Real Property Law
Costs and Fees Awarded for Cancellation of Frivolous Notice of Pendency Delidimitroupoulos v. Karantinidis, NYLJ 9/22/16, p. 20, col. 6 AppDiv, Second Dept. (memorandum opinion)
In an action by a father-in-law against his son-in-law, alleging breach of fiduciary duty and breach of contract, the latter appealed from Supreme Court's denial of his motion to cancel notices of pendency relating to real estate owned by his corporation, and his motion for costs and expenses. The Appellate Division modified to grant the motion to cancel the notices of pendency, holding that the complaint did not affect title to real property. The court also awarded costs and attorneys fees pursuant to 22 NYCRR 1310-1.1.
After the son-in-law sought a divorce, the father-in law brought an action for breach of contract and breach of fiduciary duty, alleging that he held an ownership interest in a corporate entity that owns several parcels of real estate. He filed a notice of pendency with respect to each of those properties. The son-in-law, the principal in the corporations, moved to cancel the notices of pendency, and for costs and expenses pursuant to CPLR 6514(c) or costs and attorneys' fees pursuant to 22 NYCRR 130-1.1. Supreme Court denied the motions, and the son-in-law appealed.
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