Legal Question in Real Estate Law in New York

Re: Lis Pendens and attorneys fee in dismissed non-payment proceeding

As long as you have a valid judgment or the litigation is pending and is in the process of being resolved it would appear you can file the lis pendens to protect your prospective judgment. There must be a valid reason to file and the case must have a reasonable probability of success in your favor.

Re: Lis Pendens and attorneys fee in dismissed non-payment proceeding

No. You cannot file a lis pendence (Notice of Pendency).

Pursuant to NY CPLR Rule 6501, a Notice of Pendency "may be filed in any action in a court of the state or of the United States in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property, except in a summary proceeding brought to recover the possession of real property."

Since you are seeking a money judgment and not a judgment affecting the title, use or enjoyment of real property, you cannot file a lis pendence.

That does not mean that you have no remedy. Assuming that you are in the Civil Court, once you obtain the judgment, immediately file a transcript of judgment with the New York County Clerk. The filing of the transcript of judgment will place a 10 year lien against the real property. The lien must be satisfied if the landlord is to sell the building.

Mike.