A notice of pendency is a powerful tool. Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR’s description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.
июля 11, 2023 at 10:00 AM
By Adrienne B. Koch | июля 11, 2023 at 10:00 AM
A notice of pendency is a powerful tool. Except in a narrow class of summary proceedings, a party may unilaterally file such a notice—without any judicial involvement—in connection with “any action” that seeks a judgment that “would affect the title to, or the possession, use or enjoyment of, real property.” See CPLR 6501.
The notice is indexed in the property’s chain of title, and puts a cloud on title that remains in place unless and until the notice is cancelled by court order or stipulation, or at the request of the party who filed it. See CPLR 6514.
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