2020 New York Laws
CVP - Civil Practice Law and Rules
Article 65 - Notice of Pendency
6514 - Motion for Cancellation of Notice of Pendency.

§  6514.  Motion for cancellation of notice of pendency. (a) 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 6512;  or  if  the  action  has  been
settled,  discontinued  or abated; or if the time to appeal from a final
judgment against the plaintiff has expired; or if enforcement of a final
judgment against the plaintiff has not been stayed pursuant  to  section
5519.
  (b)  Discretionary  cancellation. The court, upon 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 plaintiff has not commenced
or prosecuted the action in good faith.
  (c)  Costs and expenses. The court, in an order cancelling a notice of
pendency under this section, may direct the plaintiff to pay  any  costs
and  expenses  occasioned by the filing and cancellation, in addition to
any costs of the action.
  (d) 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 of
  1. an affidavit by  the  attorney  for  the  plaintiff  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
  2. a  stipulation  consenting  to  the  cancellation,  signed  by  the
attorney  for  the plaintiff 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.
  (e) Cancellation by plaintiff. At any  time  prior  to  the  entry  of
judgment a notice of pendency of action shall be cancelled by the county
clerk  without  an  order, on the filing with him of an affidavit by the
attorney for the plaintiff showing that there have been  no  appearances
and that the time to appear has expired for all parties.