CPLR 6515 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 6514 Motion for cancellation of notice of pendency up ARTICLE 65 Notice of Pendency next SECTION 6516 Successive notices of pendency Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 6515 Undertaking for cancellation of notice of pendency; security by plaintiff Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 65 § 6515. Undertaking for cancellation of notice of pendency; security by plaintiff. In any action other than a foreclosure action as defined in subdivision (b) of section 6516 of this article or for partition or dower, the court, upon motion of any person aggrieved and upon such notice as it may require, may direct any county clerk to cancel a notice of pendency, upon such terms as are just, whether or not the judgment demanded would affect specific real property, if the moving party shall give an undertaking in an amount to be fixed by the court, and if: 1. the court finds that adequate relief can be secured to the plaintiff by the giving of such an undertaking; or 2. in such action, the plaintiff fails to give an undertaking, in an amount to be fixed by the court, that the plaintiff will indemnify the moving party for the damages that he or she may incur if the notice is not cancelled.