N.Y. Civil Practice Law and Rules 6501 – Notice of pendency; constructive notice
§ 6501. Notice of pendency; constructive notice. (a) A notice of pendency may be filed in any action in a court of the state or of the United States in which the judgment demanded would affect the title to, incumbrance of, or the possession, use or enjoyment of, real property, except in a summary proceeding brought to recover the possession of real property. The pendency of such an action is constructive notice, from the time of filing of the notice only, to a purchaser from, or incumbrancer against, any defendant named in a notice of pendency indexed in a block index against a block in which property affected is situated or any defendant against whose name a notice of pendency is indexed. A person whose conveyance or incumbrance is recorded after the filing of the notice is bound by all proceedings taken in the action after such filing to the same extent as a party.
Terms Used In N.Y. Civil Practice Law and Rules 6501
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) Notwithstanding any provision of subdivision (a) of this section to the contrary, a notice of pendency may be filed by a district attorney's office or the office of the attorney general upon a determination after investigation that there is probable cause that a crime has occurred that affects the title to, incumbrance of, or possession of real property, in the county where the real property is located. Such notice of pendency shall remain in effect for a period of six months but may be renewed twice.
(c) Notwithstanding any provision of subdivision (a) of this section to the contrary, a notice of pendency may be filed by a district attorney's office or the office of the attorney general upon the filing of a criminal complaint or indictment that allege charges affecting the title to, incumbrance of or possession of real property, in the county where the real property is located. A notice of pendency filed will remain in effect until the prosecution of a criminal case is either dismissed, or otherwise disposed of at sentencing and is not subject to a three year period of expiration under section six thousand five hundred thirteen of this article.