N.Y. CPLR § 6515

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6515 Undertaking for cancellation of notice of pendency; securityby plaintiff § 6515. Undertaking for cancellation of notice of pendency; securityby plaintiff. In any action other than a foreclosure action as definedin subdivision (b) of section 6516 of this article or for partition ordower, the court, upon motion of any person aggrieved and upon suchnotice as it may require, may direct any county clerk to cancel a noticeof pendency, upon such terms as are just, whether or not the judgmentdemanded would affect specific real property, if the moving party shallgive an undertaking in an amount to be fixed by the court, and if:1. the court finds that adequate relief can be secured to theplaintiff by the giving of such an undertaking; or2. in such action, the plaintiff fails to give an undertaking, in anamount to be fixed by the court, that the plaintiff will indemnify themoving party for the damages that he or she may incur if the notice isnot cancelled.