Is a notice of pendency valid in a trespass action for alienation of real property?

4 Lusker v. Tannen, 90 A.D.2d 118, 456 N.Y.S.2d 354 is not to the contrary. The court there looked behind the contract to ascertain whether it was actually intended to convey real property, but it did so only to determine whether it would be appropriate to allow an action for specific performance of a contract to sell personalty (id., at pp. 124-125, 456 N.Y.S.2d 354).

5 Moreover, in a trespass action, alienation of the property would not effectively prevent the court from ultimately awarding the relief requested (Hailey v. Ano, 136 N.Y. 569, 575, 32 N.E. 1068), which is the primary purpose of the notice of pendency.