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This entry was published on 2014-09-22
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SECTION 6514
Motion for cancellation of notice of pendency
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 65
§ 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.