June 25, 2012

Notices of pendency.


Practice point: Pursuant to CPLR 6513, the notice is valid for three years from the date of filing, and may be extended for additional three-year periods upon a showing of good cause. However, the extension must be requested prior to the expiration of the prior notice.

Student note: A notice of pendency that has expired without extension is a nullity, and a lapsed notice may not be revived.

Case: Ampul Elec., Inc. v. Village of  Port Chester, NY Slip Op 04705 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Experts’ affidavits and amending bills of particulars.