Legal Question in Real Estate Law in New York

Re: removal lis pendens after 3 years of date entered

Unless something else happens between now and then, the lis pendens will expire on 7/17/2004. You say the case is not being pursued; I would not wake the plaintiff up at this point either. On the lapse date, I would move for leave to amend the counterclaim to add slander of title, because you may be entitled to recover damages for the plaintiff's interference with the title. But for now, I would stay nice and quiet and wait. As Napoleon said, "Never interrupt an adversary while he is making a mistake."

Re: removal lis pendens after 3 years of date entered

You will either need a court order removing it or the proceeds of sale will be required to be maintained in escrow until the suit is resolved. If the case has not proceeded, you may also want to bring a motion for dismissal for lack of prosecution. The dismissal will also cover the removal of the lis pendenns.

Re: removal lis pendens after 3 years of date entered

The lis pendens is only valid for three (3) years unless renewed. I would agree with Mr. Connolly and wait until 7/17/04 to see if the plaintiff files with the court for a renewal.