2006 New York Code - Notice Of Pendency Of Proceeding; Effect



 
  § 79.43 Notice of pendency of proceeding; effect.
    In  all  proceedings taken under this article, if real property or any
  interest therein is intended to be affected, the petitioner  shall  file
  in  the  clerk's  office of each county where the property is situated a
  notice of the pendency of such proceeding  which  shall  set  forth  the
  general  nature  and object of the proceeding and a brief description of
  the real property in that county to be affected  thereby,  which  notice
  must be filed with the petition or at any time thereafter and before any
  final  adjudication in the proceeding. The clerk shall index such notice
  against the name  of  the  alleged  incompetent.  The  pendency  of  the
  proceeding  is constructive notice from the time of so filing the notice
  only to a purchaser or incumbrancer of  the  property  affected  thereby
  from  or against the alleged incompetent with respect to whom the notice
  is directed to be indexed. A person whose conveyance or  incumbrance  is
  subsequently   executed   or  subsequently  recorded  is  bound  by  all
  proceedings taken after the filing of the notice to the same  extent  as
  if  he  was  a  party  to  the  proceeding. But this provision shall not
  prevent a jury  in  a  proper  proceeding,  on  sufficient  proof,  from
  rendering  a  verdict that shall overreach any conveyance or incumbrance
  theretofore executed by the alleged incompetent,  so  as  to  make  such
  conveyance or incumbrance prima facie void.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.