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This entry was published on 2014-09-22
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SECTION 6515
Undertaking for cancellation of notice of pendency; security by plaintiff
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 65
§ 6515. Undertaking for cancellation of notice of pendency; security
by plaintiff. In any action other than a foreclosure action as defined
in subdivision (b) of section 6516 of this article or for partition or
dower, 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, upon such terms as are just, whether or not the judgment
demanded would affect specific real property, if the moving party shall
give an undertaking in an amount to be fixed by the court, and if:

1. the court finds that adequate relief can be secured to the
plaintiff by the giving of such an undertaking; or

2. in such action, the plaintiff fails to give an undertaking, in an
amount to be fixed by the court, that the plaintiff will indemnify the
moving party for the damages that he or she may incur if the notice is
not cancelled.