N.Y. Civil Practice Law & Rules § 6516: Successive notices of pendency

§ 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.