§ 6514 — Motion for cancellation of notice of pendency

New York § 6514

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

Text

§ 6514. Motion for cancellation of notice of pendency. (a) Mandatory\ncancellation. The court, upon motion of any person aggrieved and upon\nsuch notice as it may require, shall direct any county clerk to cancel a\nnotice of pendency, if service of a summons has not been completed\nwithin the time limited by section 6512; or if the action has been\nsettled, discontinued or abated; or if the time to appeal from a final\njudgment against the plaintiff has expired; or if enforcement of a final\njudgment against the plaintiff has not been stayed pursuant to section\n5519.\n (b) Discretionary cancellation. The court, upon motion of any person\naggrieved and upon such notice as it may require, may direct any county\nclerk to cancel a notice of pendency, if the plaintiff has not commenced\nor prosecuted the action in good faith.\n (c) Costs and expenses. The court, in an order cancelling a notice of\npendency under this section, may direct the plaintiff to pay any costs\nand expenses occasioned by the filing and cancellation, in addition to\nany costs of the action.\n (d) Cancellation by stipulation. At any time prior to entry of\njudgment, a notice of pendency shall be cancelled by the county clerk\nwithout an order, on the filing with him of\n 1. an affidavit by the attorney for the plaintiff showing which\ndefendants have been served with process, which defendants are in\ndefault in appearing or answering, and which defendants have appeared or\nanswered and by whom, and\n 2. a stipulation consenting to the cancellation, signed by the\nattorney for the plaintiff and by the attorneys for all the defendants\nwho have appeared or answered including those who have waived all\nnotices, and executed and acknowledged, in the form required to entitle\na deed to be recorded, by the defendants who have been served with\nprocess and have not appeared but whose time to do so has not expired,\nand by any defendants who have appeared in person.\n (e) Cancellation by plaintiff. At any time prior to the entry of\njudgment a notice of pendency of action shall be cancelled by the county\nclerk without an order, on the filing with him of an affidavit by the\nattorney for the plaintiff showing that there have been no appearances\nand that the time to appear has expired for all parties.\n