2006 New York Code - Motion For Cancellation Of Notice Of Pendency.

 
    §  1347.  Motion  for cancellation of notice of pendency. 1. Mandatory
  cancellation. The court, upon motion of any person  aggrieved  and  upon
  such notice as it may require, shall direct any county clerk to cancel a
  notice  of  pendency,  if  service  of  a summons has not been completed
  within the time limited by section one thousand three hundred forty-five
  of this article; or if the action  has  been  settled,  discontinued  or
  abated;  or  if  the  time  to  appeal from a final judgment against the
  claiming authority has expired.
    2. Discretionary cancellation. The court, upon a motion of any  person
  aggrieved  and upon such notice as it may require, may direct any county
  clerk to cancel a notice of pendency, if the claiming authority has  not
  commenced or prosecuted the action in good faith.
    3.  Costs  and  expenses. The court, in an order canceling a notice of
  pendency under this section, may direct the claiming  authority  to  pay
  any  costs  and  expenses  occasioned by the filing and cancellation, in
  addition to any costs of the action. In order to establish the  claiming
  authority's  liability  for  such costs and expenses, the person seeking
  such costs and expenses must prove by a preponderance  of  the  evidence
  that,  in  causing  the  notice  to  pendency  to be filed, the claiming
  authority acted without reasonable cause and not in good faith.
    4. Cancellation  by  stipulation.  At  any  time  prior  to  entry  of
  judgment,  a  notice  of pendency shall be cancelled by the county clerk
  without an order, on the filing with him or her of:
    (a) An affidavit by the claiming authority  showing  which  defendants
  have  been  served  with  process,  which  defendants  are in default in
  appearing or answering, and which defendants have appeared  or  answered
  and by whom; and
    (b)  A  stipulation  consenting  to  the  cancellation,  signed by the
  claiming authority and by the attorneys for all the defendants who  have
  appeared  or  answered  including those who have waived all notices, and
  executed and acknowledged, in the form required to entitle a deed to  be
  recorded,  by  the defendants who have been served with process and have
  not appeared but whose time to  do  so  has  not  expired,  and  by  any
  defendants who have appeared in person.
    5.  Cancellation  by  a  claiming  authority. At any time prior to the
  entry of a judgment a notice of pendency of action shall be cancelled by
  the county clerk without an order on the filing with him or  her  of  an
  affidavit  by  the  claiming  authority  showing that there have been no
  appearances and that the time to appear has expired for all parties.