N.Y. Civil Practice Law & Rules § 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.