§ 6516 — Successive notices of pendency

New York § 6516

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 65: Notice of Pendency

Text

§ 6516. Successive notices of pendency. (a) In a foreclosure action, a\nsuccessive notice of pendency may be filed to comply with section\nthirteen hundred thirty-one of the real property actions and proceedings\nlaw, notwithstanding that a previously filed notice of pendency in such\naction or in a previous foreclosure action has expired pursuant to\nsection 6513 of this article or has become ineffective because service\nof a summons had not been completed within the time limited by section\n6512 of this article, whether or not such expiration or such\nineffectiveness has been determined by the court. This subdivision is\ninapplicable to an action to foreclose a mechanic's lien,\nnotwithstanding section forty-three of the lien law.\n (b) For the purposes of this article, the term "foreclosure action"\nshall mean any action or proceeding in which the provisions of section\nthirteen hundred thirty-one of the real property actions and proceedings\nlaw are applicable or in which a similar requirement is imposed by law.\n (c) Except as provided in subdivision (a) of this section, a notice of\npendency may not be filed in any action in which a previously filed\nnotice of pendency affecting the same property had been cancelled or\nvacated or had expired or become ineffective.\n (d) Nothing contained in this section shall be construed as making the\nrequirements of section thirteen hundred thirty-one of the real property\nactions and proceedings law applicable to a proceeding to foreclose a\ntax lien in which a list of delinquent taxes has been filed pursuant to\nsubdivision seven of section eleven hundred twenty-two of the real\nproperty tax law or any comparable law, or as precluding the filing of a\nsuccessive list of delinquent taxes in such a proceeding.\n