Kamal Bathla, Below v. 913 Market, LLC, Below

Summary

The dissent would reverse summary judgment because the buyer had actual notice of an earlier, potentially enforceable land-sale contract, making the absence of a recorded notice of pendency irrelevant. It would apply the rule that a purchaser who takes title with notice of an outstanding equitable interest takes subject to that interest, and would remand for findings on whether the risk of litigation had become sufficiently remote by the scheduled settlement date.