Notice of Pendency
(NY)

Summary

This Notice of Pendency (NY) is a standard form that attorneys can use in an action affecting title to or possession of real property to notify third parties of the existence of your action. This template contains all required elements of a notice of pendency, as well as practical guidance, drafting notes, and alternate clauses. A plaintiff can file a notice of pendency in an action in which the judgment demanded would affect title to, or the possession, use, or enjoyment of, real property (except a summary proceeding to recover possession of real property). See N.Y. C.P.L.R. § 6501. The notice of pendency serves as constructive notice of the existence of your action to any individual or entity seeking to purchase or encumber the subject property. See N.Y. C.P.L.R. § 6501. Anyone recording a conveyance of or encumbrance against the property after you file the notice of pendency is bound by all proceedings and rulings in your action as if they were a party to the action. See N.Y. C.P.L.R. § 6501. A notice of pendency is effective for three years from the filing date, unless extended by the court or cancelled. See N.Y. C.P.L.R. 6513; LN AnswerGuide NY Civil Litigation § 14.32. You may move to extend the notice of pendency for additional three-year periods before the initial period or each subsequent extended period expires. See N.Y. C.P.L.R. § 6513. The court may extend the notice of pendency more than once. See N.Y. C.P.L.R. 6513. Note, you must establish good cause for the extension for the court to grant your request. See N.Y. C.P.L.R. § 6513. Before the expiration of the prior period, the extension order must be: • Filed • Recorded –and– • Indexed Accordingly, it is imperative that you make the motion sufficiently in advance of the three-year period's expiration, so you can timely file, record, and index the order. Unlike other provisional remedies, there is no requirement that a party filing a notice of pendency provide an undertaking, or bond. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on filing a notice of pendency, see Provisional Remedies: Notice of Pendency (NY). For a related checklist, see Provisional Remedies: Notice of Pendency Checklist (NY). For more information on provisional remedies in New York, see Provisional Remedies Fundamentals (NY). For a more detailed discussion of notices of pendency in New York, see Weinstein, Korn & Miller, New York Civil Practice: CPLR P 6511–6515.