Adrienne Koch. Courtesy photo Remedies in Real Estate Transactions, Part 3: Notice of Pendency
A notice of pendency is a powerful tool. Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR's description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.
July 11, 2023 at 10:00 AM
8 minute read
A notice of pendency is a powerful tool. Except in a narrow class of summary proceedings, a party may unilaterally file such a notice—without any judicial involvement—in connection with "any action" that seeks a judgment that "would affect the title to, or the possession, use or enjoyment of, real property." See CPLR 6501.
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