New York · TitleNew York notice of pendency: what it binds, how long it lasts and how it is cancelled

In New York a notice of pendency – the state's lis pendens – may be filed in any state or federal court action in which the judgment demanded would affect the title to, an encumbrance on, or the possession, use or enjoyment of real property, except a summary proceeding to recover possession. From the time it is filed, the pending action is constructive notice to a purchaser from, or encumbrancer against, a named defendant, and anyone whose conveyance or encumbrance is recorded after the filing is bound by all later proceedings in the action as if a party (CPLR 6501(a)). The notice is effective for three years from filing; before it expires the court may, on the plaintiff's motion and for good cause, extend it for a like period, and the extension order must be filed, recorded and indexed before the prior period ends (CPLR 6513). On the motion of any aggrieved person, the court must direct the county clerk to cancel the notice if the summons wasn't served within the time limited by CPLR 6512, the action has been settled, discontinued or abated, the time to appeal a final judgment against the plaintiff has expired, or enforcement of such a judgment hasn't been stayed; it may cancel it if the plaintiff hasn't commenced or prosecuted the action in good faith, and may make the plaintiff pay the costs. Before judgment the clerk also cancels it without an order on a stipulation signed as the statute requires (CPLR 6514). The county clerk's fee for filing or recording a notice of pendency is $35 in counties within New York City and $15 elsewhere, with no fee for a notice or order continuing or cancelling it (CPLR 8021(a)(10)).