N.Y. CPLR § 1347

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1347 Motion for cancellation of notice of pendency. 1 § 1347. Motion for cancellation of notice of pendency. 1. Mandatorycancellation. The court, upon motion of any person aggrieved and uponsuch notice as it may require, shall direct any county clerk to cancel anotice of pendency, if service of a summons has not been completedwithin the time limited by section one thousand three hundred forty-fiveof this article; or if the action has been settled, discontinued orabated; or if the time to appeal from a final judgment against theclaiming authority has expired.2. Discretionary cancellation. The court, upon a motion of any personaggrieved and upon such notice as it may require, may direct any countyclerk to cancel a notice of pendency, if the claiming authority has notcommenced or prosecuted the action in good faith.3. Costs and expenses. The court, in an order canceling a notice ofpendency under this section, may direct the claiming authority to payany costs and expenses occasioned by the filing and cancellation, inaddition to any costs of the action. In order to establish the claimingauthority's liability for such costs and expenses, the person seekingsuch costs and expenses must prove by a preponderance of the evidencethat, in causing the notice to pendency to be filed, the claimingauthority acted without reasonable cause and not in good faith.4. Cancellation by stipulation. At any time prior to entry ofjudgment, a notice of pendency shall be cancelled by the county clerkwithout an order, on the filing with him or her of:(a) An affidavit by the claiming authority showing which defendantshave been served with process, which defendants are in default inappearing or answering, and which defendants have appeared or answeredand by whom; and(b) A stipulation consen hich defendantshave been served with process, which defendants are in default inappearing or answering, and which defendants have appeared or answeredand by whom; and(b) A stipulation consenting to the cancellation, signed by theclaiming authority and by the attorneys for all the defendants who haveappeared or answered including those who have waived all notices, andexecuted and acknowledged, in the form required to entitle a deed to berecorded, by the defendants who have been served with process and havenot appeared but whose time to do so has not expired, and by anydefendants who have appeared in person.5. Cancellation by a claiming authority. At any time prior to theentry of a judgment a notice of pendency of action shall be cancelled bythe county clerk without an order on the filing with him or her of anaffidavit by the claiming authority showing that there have been noappearances and that the time to appear has expired for all parties.