Verified Matter

Chevrolet Dealership Property Notice of Pendency Cancellation Affirmed on Appeal

Secured cancellation of a notice of pendency on Chevrolet dealership property; New York appellate court affirmed with costs.

Denlea & Carton LLP represented Marchese Associates, LLC, the owner of commercial real estate associated with an L.J. Marchese Chevrolet dealership in Fort Montgomery, Orange County, New York. Following unsuccessful negotiations over a June 2023 term sheet for the dealership and its premises, Limitless Automotive Group, LLC, claiming through the prospective purchaser, sued to compel the sale and filed a notice of pendency against the property. The filing prevented the owner from selling the real estate to another buyer. Attorneys Jeffrey I. Carton and Catherine H. Friesen represented Marchese Associates in obtaining cancellation of the notice under New York CPLR 6514. On October 14, 2026, the New York Appellate Division, Second Department, affirmed the cancellation, with costs, after concluding that maintaining the notice was improper following the determination that monetary damages were an adequate remedy.