§ 6501 — Notice of pendency; constructive notice

New York § 6501

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

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§ 6501. Notice of pendency; constructive notice. (a) A notice of\npendency may be filed in any action in a court of the state or of the\nUnited States in which the judgment demanded would affect the title to,\nincumbrance of, or the possession, use or enjoyment of, real property,\nexcept in a summary proceeding brought to recover the possession of real\nproperty. The pendency of such an action is constructive notice, from\nthe time of filing of the notice only, to a purchaser from, or\nincumbrancer against, any defendant named in a notice of pendency\nindexed in a block index against a block in which property affected is\nsituated or any defendant against whose name a notice of pendency is\nindexed. A person whose conveyance or incumbrance is recorded after the\nfiling of the notice is bound by all proceedings taken in the action\nafter such filing to the same extent as a party.\n (b) Notwithstanding any provision of subdivision (a) of this section\nto the contrary, a notice of pendency may be filed by a district\nattorney's office or the office of the attorney general upon a\ndetermination after investigation that there is probable cause that a\ncrime has occurred that affects the title to, incumbrance of, or\npossession of real property, in the county where the real property is\nlocated. Such notice of pendency shall remain in effect for a period of\nsix months but may be renewed twice.\n (c) Notwithstanding any provision of subdivision (a) of this section\nto the contrary, a notice of pendency may be filed by a district\nattorney's office or the office of the attorney general upon the filing\nof a criminal complaint or indictment that allege charges affecting the\ntitle to, incumbrance of or possession of real property, in the county\nwhere the real property is located. A notice of pendency filed will\nremain in effect until the prosecution of a criminal case is either\ndismissed, or otherwise disposed of at sentencing and is not subject to\na three year period of expiration under section six thousand five\nhundred thirteen of this article.\n