N.Y. CPLR § 6514

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6514 Motion for cancellation of notice of pendency § 6514. Motion for cancellation of notice of pendency. (a) 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 6512; or if the action has beensettled, discontinued or abated; or if the time to appeal from a finaljudgment against the plaintiff has expired; or if enforcement of a finaljudgment against the plaintiff has not been stayed pursuant to section5519.(b) Discretionary cancellation. The court, upon motion of any personaggrieved and upon such notice as it may require, may direct any countyclerk to cancel a notice of pendency, if the plaintiff has not commencedor prosecuted the action in good faith.(c) Costs and expenses. The court, in an order cancelling a notice ofpendency under this section, may direct the plaintiff to pay any costsand expenses occasioned by the filing and cancellation, in addition toany costs of the action.(d) 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 of1. an affidavit by the attorney for the plaintiff showing whichdefendants have been served with process, which defendants are indefault in appearing or answering, and which defendants have appeared oranswered and by whom, and2. a stipulation consenting to the cancellation, signed by theattorney for the plaintiff and by the attorneys for all the defendantswho have appeared or answered including those who have waived allnotices, and executed and acknowledged, in the form required to entitlea deed to be recorded, by the ys for all the defendantswho have appeared or answered including those who have waived allnotices, and executed and acknowledged, in the form required to entitlea deed to be recorded, by the defendants who have been served withprocess and have not appeared but whose time to do so has not expired,and by any defendants who have appeared in person.(e) Cancellation by plaintiff. At any time prior to the entry ofjudgment a notice of pendency of action shall be cancelled by the countyclerk without an order, on the filing with him of an affidavit by theattorney for the plaintiff showing that there have been no appearancesand that the time to appear has expired for all parties.