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2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 65 - (6501 - 6516) NOTICE OF PENDENCY
6516 - Successive notices of pendency.


NY CPLR § 6516 (2012) What's This?
 
    § 6516. Successive notices of pendency. (a) In a foreclosure action, a
  successive  notice  of  pendency  may  be  filed  to comply with section
  thirteen hundred thirty-one of the real property actions and proceedings
  law, notwithstanding that a previously filed notice of pendency in  such
  action  or  in  a  previous  foreclosure  action has expired pursuant to
  section 6513 of this article or has become ineffective  because  service
  of  a  summons had not been completed within the time limited by section
  6512  of  this  article,  whether  or  not  such  expiration   or   such
  ineffectiveness  has  been  determined by the court. This subdivision is
  inapplicable  to   an   action   to   foreclose   a   mechanic's   lien,
  notwithstanding section forty-three of the lien law.
    (b)  For  the  purposes of this article, the term "foreclosure action"
  shall mean any action or proceeding in which the provisions  of  section
  thirteen hundred thirty-one of the real property actions and proceedings
  law are applicable or in which a similar requirement is imposed by law.
    (c) Except as provided in subdivision (a) of this section, a notice of
  pendency  may  not  be  filed  in any action in which a previously filed
  notice of pendency affecting the same property  had  been  cancelled  or
  vacated or had expired or become ineffective.
    (d) Nothing contained in this section shall be construed as making the
  requirements of section thirteen hundred thirty-one of the real property
  actions  and  proceedings  law applicable to a proceeding to foreclose a
  tax lien in which a list of delinquent taxes has been filed pursuant  to
  subdivision  seven  of  section  eleven  hundred  twenty-two of the real
  property tax law or any comparable law, or as precluding the filing of a
  successive list of delinquent taxes in such a proceeding.

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