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This entry was published on 2014-09-22
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SECTION 6516
Successive notices of pendency
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 65
§ 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.