Opinion
May 3, 1999
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the appeal by the defendant Bartony Realty Corp., so much of the appeal by the defendant Blair International, Inc., as is from the denial of the motion of the defendants Ted Doukas and Mary Hauptman Doukas, and so much of the appeal of the defendants Ted Doukas and Mary Hauptman Doukas as is from the denial of the cross motion of Blair International, Inc., are dismissed, as those parties are not aggrieved thereby; and it is further,
Ordered that the order is affirmed insofar as reviewed, with costs.
The complaint alleged that the defendants Ted Doukas and Mary Hauptman Doukas fraudulently conveyed their interests in certain real property to the defendant Blair International, Inc. (hereinafter Blair), without adequate consideration, in anticipation of a judgment against them as a result of a related action. The Supreme Court properly denied the cross motion of Blair to vacate the notices of pendency filed by the plaintiffs. The instant action affects the title to real property (see, Moran v. Harting, 227 A.D.2d 391; American Auto. Ins. Co. v. Sansone, 206 A.D.2d 445; Amev Capital Corp. v. Kirk, 172 A.D.2d 714) and falls within the scope of CPLR 6501.
The motion of Ted Doukas and Mary Hauptman Doukas to dismiss the complaint on the ground that a prior action was pending was also properly denied. The prior action does not involve the same causes of action, nor are the parties identical (see, Kent Dev. Co. v. Liccione, 37 N.Y.2d 899, 901; Marcus Dairy v. Jacene Realty Corp., 193 A.D.2d 653; Equestrian Assocs. v. Freidus, 192 A.D.2d 572, 574). Moreover, these defendants did not predicate their motion to dismiss before the Supreme Court upon the ground of failure to state a cause of action, and that ground cannot be considered for the first time on appeal (see, McLearn v. Cowen Co., 60 N.Y.2d 686, 689).
Santucci, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.