Opinion
April 17, 1995
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
"[A] notice of pendency may be filed in any action * * * in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property" (CPLR 6501). A narrow interpretation is mandated in reviewing whether an action is one affecting "the title to, or the possession, use or enjoyment of, real property." A court is not to investigate the underlying transaction in determining whether a complaint comes within the scope of CPLR 6501. Instead, a court's analysis is to be limited to the face of the pleadings (see, 5303 Realty Corp. v O Y Equity Corp., 64 N.Y.2d 313, 320-321). Here, the plaintiff's complaint against the seller of the real property at issue sought only the return of her down payment and related damages. The action was not one in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property. Accordingly, the court properly granted the defendants' motion (see, Tsiporin v Ziegel, 203 A.D.2d 451; cf., Interboro Operating Corp. v Commonwealth Sec. Mtge. Corp., 269 N.Y. 56). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.