Itkowitz PLLC obtained a cancellation of a lis pendens, with prejudice, allowing a developer to proceed with condo sales.
A disgruntled investor sued a condo developer alleging breach of fiduciary duty -- seeking removal of the managers, breach of contract and fraud. In connection with the lawsuit, the investor filed a lis pendens against the property, effectively blocking the developer from proceeding with any of the six upcoming closings of sales of six of the ten total condo units.
Itkowitz PLLC moved by order to show cause to vacate the lis pendens citing well-settled case law that a lis pendens may not be filed where the plaintiff “claims no right, title or interest in or to the real estate against which it is filed….”
The court agreed and cancelled the lis pendens, thereby allowing the planned condo closings to go forward.