Posted on April 11, 2008 by Francis G.X. Pileggi

Removing a Lis Pendens Based on Pending Litigation

Nicastro v. Rudegeair, 2008 WL 979677 (Del. Ch., April 1, 2008), read opinion here. This is a one-page letter decision (with several footnote citations to cases law), which includes a helpful reference to the procedure necessary to remove a Notice of lis pendens  filed pursuant to Section 1608 of Title 25 of the Delaware Code. Namely, once a motion is filed, the "court must  determine that there is not a probability that final judgment will be entered in favor of the party recording the notice of pendency."

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