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New York · Through 2026-09-11

N.Y. Mental Hygiene Law § 79.43: Notice of pendency of proceeding; effect

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Where this section sits in the code
  1. Mental Hygiene Law
  2. Title E. General Provisions
  3. Article 79. Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration

§ 79.43 Notice of pendency of proceeding; effect.

In all proceedings taken under this article, if real property or any

interest therein is intended to be affected, the petitioner shall file

in the clerk's office of each county where the property is situated a

notice of the pendency of such proceeding which shall set forth the

general nature and object of the proceeding and a brief description of

the real property in that county to be affected thereby, which notice

must be filed with the petition or at any time thereafter and before any

final adjudication in the proceeding. The clerk shall index such notice

against the name of the alleged incompetent. The pendency of the

proceeding is constructive notice from the time of so filing the notice

only to a purchaser or incumbrancer of the property affected thereby

from or against the alleged incompetent with respect to whom the notice

is directed to be indexed. A person whose conveyance or incumbrance is

subsequently executed or subsequently recorded is bound by all

proceedings taken after the filing of the notice to the same extent as

if he was a party to the proceeding. But this provision shall not

prevent a jury in a proper proceeding, on sufficient proof, from

rendering a verdict that shall overreach any conveyance or incumbrance

theretofore executed by the alleged incompetent, so as to make such

conveyance or incumbrance prima facie void.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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