Motion for cancellation of notice of pendency

§ 1347. Motion for cancellation of notice of pendency. 1. Mandatory
cancellation. The court, upon motion of any person aggrieved and upon
such notice as it may require, shall direct any county clerk to cancel a
notice of pendency, if service of a summons has not been completed
within the time limited by section one thousand three hundred forty-five
of this article; or if the action has been settled, discontinued or
abated; or if the time to appeal from a final judgment against the
claiming authority has expired.

2. Discretionary cancellation. The court, upon a motion of any person
aggrieved and upon such notice as it may require, may direct any county
clerk to cancel a notice of pendency, if the claiming authority has not
commenced or prosecuted the action in good faith.

3. Costs and expenses. The court, in an order canceling a notice of
pendency under this section, may direct the claiming authority to pay
any costs and expenses occasioned by the filing and cancellation, in
addition to any costs of the action. In order to establish the claiming
authority's liability for such costs and expenses, the person seeking
such costs and expenses must prove by a preponderance of the evidence
that, in causing the notice to pendency to be filed, the claiming
authority acted without reasonable cause and not in good faith.

4. Cancellation by stipulation. At any time prior to entry of
judgment, a notice of pendency shall be cancelled by the county clerk
without an order, on the filing with him or her of:

(a) An affidavit by the claiming authority showing which defendants
have been served with process, which defendants are in default in
appearing or answering, and which defendants have appeared or answered
and by whom; and

(b) A stipulation consenting to the cancellation, signed by the
claiming authority and by the attorneys for all the defendants who have
appeared or answered including those who have waived all notices, and
executed and acknowledged, in the form required to entitle a deed to be
recorded, by the defendants who have been served with process and have
not appeared but whose time to do so has not expired, and by any
defendants who have appeared in person.

5. Cancellation by a claiming authority. At any time prior to the
entry of a judgment a notice of pendency of action shall be cancelled by
the county clerk without an order on the filing with him or her of an
affidavit by the claiming authority showing that there have been no
appearances and that the time to appear has expired for all parties.