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What is NYC AC § 28-205.1.5?

Quick Answer

This section outlines the process for filing a notice of pendency at the start of judicial proceedings, which may be deemed necessary by the commissioner. It also details how such a notice can be vacated and cancelled upon court order or written consent from the corporation counsel. Applies to property owners involved in legal proceedings affecting their properties.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-205.1.5 Notice of pendency.

AC § 28-205.1.5

The notice of pendency referred to in this section may be filed at the commencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice of pendency filed pursuant to the provisions of this code may be vacated and cancelled of record upon an order of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in writing of the corporation counsel. The clerk of the county where the notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon the presentation and filing of a certified copy of such order or consent. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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