CPLR 322(a) permits a defendant in an action affecting title to real property to demand proof that the plaintiff’s counsel was authorized to commence the action.

In BH 336 Partners LLC v. Sentinel Real Estate Corp., 2026 N.Y. Slip Op. 00305 (1st Dept. Jan. 22, 2026), the Appellate Division, First Department, modified an order denying in part a motion to dismiss a complaint containing fraud and fraudulent‑inducement claims arising from Plaintiffs’ purchases of five Manhattan buildings.

In today’s article we will discuss Yesmin v. Aliobaba, LLC, an Opinion and Order rendered on May 14, 2025, in which the Appellate Division, Second Department, held that “a notice of pendency that was unexpired at the time of the foreclosure sale has no effect on the title acquired by a good faith purchaser for value from a sale conducted pursuant to the judgment of foreclosure and sale.”