No Second Chance for Expired Notices of Pendency


A notice of pendency is filed in the county where the realty is situated (CPLR §6511) and is effective for three (3) years from the date of filing (CPLR §6513). Before expiration of the three (3) year period, the plaintiff may seek an extension of the notice of pendency for another three (3) year period upon motion to the court and the showing of good cause (Id.). The court order extending the notice period is to be filed, recorded and indexed prior to the expiration of the existing notice of pendency (Id.). A person aggrieved by a notice of pendency may, upon motion, seek to have the notice cancelled if, among other reasons, service of summons has not been completed within the statutory time prescription, the action has been settled, discontinued or abated or the plaintiff has not commenced or prosecuted the action in good faith (CPLR §6514(a), (b)).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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