Notice of Pendency (Lis Pendens) in New York: A Complete Legal Guide

Reviewed by the Law Offices of Albert Goodwin, a New York real estate litigation firm serving Manhattan, Brooklyn, and Queens. Last updated: June 2024.

A notice of pendency — commonly called a lis pendens — is one of the most powerful tools in New York real estate litigation. Filed with the county clerk, it warns the world that title to or an interest in a parcel of real property is the subject of a pending lawsuit. This page is our comprehensive pillar guide to New York's notice of pendency law under CPLR Article 65. For narrower questions, we link to our focused guides throughout.

What is a notice of pendency under New York law?

A notice of pendency is a written notice, authorized by CPLR § 6501, filed by a plaintiff with the clerk of the county where the real property is located. It states that an action has been commenced that would “affect the title to, or the possession, use or enjoyment of, real property.” Once indexed, it serves as constructive notice to anyone who later acquires an interest in the property — a purchaser, lender, or lienor takes subject to whatever the court ultimately decides in the lawsuit.

In practical terms, this means a buyer or bank that records an interest after the notice of pendency is bound by the eventual judgment, even if they had no actual knowledge of the lawsuit. The notice essentially freezes the marketability of the property until the litigation concludes or the notice is canceled.

What kinds of lawsuits qualify? The CPLR 6501 "directly affect" test

New York courts read CPLR § 6501 strictly. The leading authority is 5303 Realty Corp. v. O&Y Equity Corp., 64 N.Y.2d 313 (1984), in which the Court of Appeals held that a notice of pendency is available only where the judgment demanded would directly affect the title, possession, use, or enjoyment of the real property — the court looks solely at the pleadings, not at the underlying facts, and any doubt is resolved against the party seeking the filing. This is a deliberately narrow, mechanical test designed to limit a provisional remedy that operates without notice or judicial review at the moment of filing.

Common actions that qualify for a notice of pendency in New York include:

• Specific performance of a real estate contract — where a buyer who made a deposit sues to compel the seller to convey title. See our guide on using a lis pendens to enforce a real estate contract and our specific performance attorney page.
• Mortgage foreclosure — a notice of pendency is statutorily required under RPAPL § 1331.
• Partition actions between co-owners. See partition of property.
• Quiet title and boundary disputes, including adverse possession and easement claims that affect use or enjoyment of land.
• Mechanic’s lien foreclosure under the Lien Law.
• Actions to remove a cloud on title or set aside a fraudulent conveyance of real property.

When you cannot file a lis pendens in New York

Because the remedy is so disruptive, courts refuse to allow it when the lawsuit is really about money rather than the land itself. You generally cannot file a notice of pendency where:

• You sue only to recover a down payment or earnest-money deposit and no longer seek the property — the action concerns money, not title. See earnest money deposit disputes.
• You sue to collect on a debt or promissory note against someone who happens to own real estate, with no claim to that real estate. See promissory note enforcement.
• You seek a money judgment generally; the proper post-judgment tool is a judgment lien, not a lis pendens. See judgment liens.

Filing a notice of pendency on a claim that does not directly affect the property exposes the filer to cancellation and, potentially, liability for slander of title.

Special property types: co-ops and estate property

Not every interest that feels like "real estate" qualifies. A New York cooperative apartment is personal property (shares of stock plus a proprietary lease), which changes whether and how a notice of pendency can be used. We address this directly on our page: Can I file a lis pendens on a co-op apartment in New York?

When the property belongs to a decedent, Surrogate’s Court and estate-administration rules intersect with Article 65. See our focused discussion on notice of pendency on estate property and foreclosure on a deceased owner’s property.

Procedural requirements and content (CPLR 6511 & 6512)

Under CPLR § 6511, the notice of pendency must be filed in the office of the clerk of each county where the property is located and must state:

• The names of the parties to the action;
• The object of the action; and
• A description of the property affected, identifying it by block and lot or metes and bounds as recorded.

A copy of the summons and complaint must be filed with the clerk. Critically, CPLR § 6512 requires that the summons be served upon the defendant within 30 days after filing the notice of pendency. If service is not completed in time, the notice is void from the outset — a defect that cannot be cured retroactively and is a frequent basis for cancellation.

NYC county-clerk filing specifics

Filing procedure varies by borough because each is a separate county:

• Manhattan (New York County) and The Bronx — filings are made through the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases, with the notice indexed against the block and lot.
• Brooklyn (Kings County) — filed with the Kings County Clerk; verify the correct block and lot against ACRIS before filing.
• Queens County — filed with the Queens County Clerk.
• Property records and the lot designation should be confirmed through the NYC ACRIS system so the notice indexes correctly against the parcel; an incorrect legal description can render the notice ineffective as to a later good-faith purchaser.

Duration, extension, and the CPLR 6516 successive-filing prohibition

A notice of pendency is effective for three years from the date of filing under CPLR § 6513, unless canceled earlier or extended. To extend it, you must move for an extension and obtain an order before the three years expire; an expired notice cannot be revived.

One of the most important — and frequently missed — rules is CPLR § 6516, which sharply limits successive notices of pendency. Except in mortgage foreclosure actions, a party may file only one notice of pendency in an action affecting the same property. If the first notice lapses or is canceled, you generally cannot simply re-file a new one to recapture priority. This rule, reinforced by cases such as Da Silva v. Musso, 76 N.Y.2d 436 (1990), makes timely extension critical — missing the deadline can permanently forfeit the protection.

How a notice of pendency is canceled

There are several statutory paths to cancellation. (For a dedicated, step-by-step treatment of removing a notice, see our spoke pages: lis pendens removal and notice of pendency removal.) In summary, a notice may be canceled:

• Under CPLR § 6514(a) (mandatory cancellation) — where the time to serve the summons has expired without service, the action has been settled, discontinued, or abated, or final judgment was entered against the plaintiff.
• Under CPLR § 6514(b) (discretionary cancellation) — where the plaintiff has not commenced or prosecuted the action in good faith.
• Upon an undertaking under CPLR § 6515 — the court may, in its discretion, cancel the notice if the defendant posts a bond adequate to protect the plaintiff’s interest (subject to the limits the statute places on certain actions, including those for specific performance).
• By stipulation — the parties may consent to cancellation, filing the signed stipulation with the clerk.

A court may also award costs and expenses, including reasonable attorneys’ fees, against a plaintiff whose notice is canceled for non-prosecution in bad faith under CPLR § 6514(c).

Practical checklist before filing or fighting a notice of pendency

1. Confirm the complaint pleads a claim that directly affects title, possession, use, or enjoyment (the 5303 Realty test).
2. Identify the correct county and obtain the accurate block/lot description from ACRIS.
3. File the notice with a copy of the summons and complaint (CPLR 6511).
4. Serve the summons within 30 days (CPLR 6512) and document completion of service.
5. Calendar the three-year expiration and move to extend well in advance (CPLR 6513).
6. Remember the single-filing rule under CPLR 6516 in non-foreclosure actions.
7. If defending, evaluate cancellation grounds under CPLR 6514 and the bonding option under 6515.

Frequently asked questions

Does a notice of pendency stop a sale of the property?

It does not legally prohibit a sale, but it makes the property nearly impossible to sell or finance because title insurers will not issue a clean policy and any buyer takes subject to the litigation’s outcome.

How long does a New York lis pendens last?

Three years from filing under CPLR § 6513, unless canceled earlier or extended by court order obtained before it expires.

Can I file a second notice of pendency if the first one lapses?

Generally no. Outside of mortgage foreclosure, CPLR § 6516 prohibits successive notices of pendency in the same action, which is why monitoring the three-year deadline is essential.

Can a defendant get a lis pendens removed?

Yes — through mandatory cancellation under CPLR 6514(a), discretionary cancellation for bad faith under 6514(b), or by posting an undertaking under 6515. See our removal guide.

Speak with a New York lis pendens attorney

Whether you need to record a notice of pendency to protect a contract or interest in real property, or you are a property owner trying to clear one that is blocking a sale or refinance, the timing and statutory technicalities under CPLR Article 65 are unforgiving. The Law Offices of Albert Goodwin handles real estate litigation throughout New York City, with offices in Manhattan, Brooklyn, and Queens. Call 212-233-1233 or email [email protected] to discuss your matter.

This article is general information about New York law and is not legal advice. Statutes and case law change, and the application of CPLR Article 65 depends on the specific facts of your case. Consult a licensed New York attorney about your situation.