SYLVAN HOSPITALITY GROUP INC v. ST GILES HOTEL LLC (2024)

Supreme Court, Appellate Division, First Department, New York.

SYLVAN HOSPITALITY GROUP, INC., Plaintiff–Appellant, v. ST. GILES HOTEL, LLC, Defendant–Respondent.

1563

Decided: January 30, 2024

Singh, J.P., Kapnick, Kennedy, Higgitt, Michael, JJ.

Siegel & Siegel, P.C., New York (Michael D. Siegal of counsel), for appellant. Lewis Brisbois Bisgaard & Smith LLP, New York (Peter T. Shapiro of counsel), for respondent.

Order, Supreme Court, New York County (Verna L. Saunders, J), entered January 24, 2023, which to the extent appealed from as limited by the briefs, granted defendant's motion to cancel plaintiff tenant's notice of pendency pursuant to CPLR 6514(b), and to dismiss tenant's cause of action to quiet title, unanimously affirmed, without costs.

In PK Rest., LLC v. Lifshutz (138 AD3d 434 [1st Dept 2016]), this Court held that “ ‘a lease for years is deemed personalty’ ” (id. at 439, quoting Matter of Grumman Aircraft Eng'g Corp. v Board of Assessors of Town of Riverhead, 2 N.Y.2d 500, 507 [1957], cert denied 355 U.S. 814 [1957]). Thus, a notice of pendency in connection with this lease dispute is unavailable to tenant (id.).

We have considered tenant's remaining arguments and find them unavailing.

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