2020 New York Laws
CVP - Civil Practice Law and Rules
Article 65 - Notice of Pendency
6516 - Successive Notices of Pendency.

Universal Citation: NY CPLR § 6516 (2020)
§ 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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