Motion to Cancel Pendency (New York) Notice

A motion to cancel pendency (New York) notice is a legal template used in the state of New York to request the cancellation of a notice of pendency. The notice of pendency, also commonly referred to as a "lis pendens," is a legal document filed with the county clerk's office to provide constructive notice to potential buyers or other interested parties about pending litigation affecting real property.

This motion is typically filed by the party seeking to remove the notice of pendency against a particular property. It aims to convince the court that there are valid grounds for canceling the notice, which essentially removes the cloud of pending litigation from the property's title.

The reasons for filing a motion to cancel pendency notice may vary, but some common arguments presented in this type of template include:

1. Demonstration of defects in the notice: The party may argue that the notice of pendency was filed with significant procedural or substantive defects, rendering it invalid and therefore should be canceled.

2. Lack of merit in the underlying claim: The party may assert that the pending litigation lacks merit or has been resolved, and therefore, the notice of pendency is no longer necessary.

3. Excessive or inappropriate use of the notice: The party may contend that the opposing party used or continues to use the notice of pendency in an excessive or inappropriate manner, causing unnecessary harm or hindrances to the property owner or other interested parties.

4. Settlement or resolution of the dispute: In cases where the parties have reached a settlement or resolution, the motion can argue that there is no longer a valid reason for maintaining the notice of pendency.

It is important to note that the specific requirements, procedures, and legal standards associated with filing a motion to cancel pendency notice in New York may vary, and it is essential to consult a legal professional or use this template in conjunction with relevant statutes and case law to ensure accuracy and compliance with the state's legal framework.