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A Possible Need to Amend CPLR ' 6501
A recent decision of the Supreme Court, N.Y. County, in a landlord-tenant dispute has highlighted the extreme difficulty facing an owner when a notice of pendency is filed against its realty in an action arguably affecting the title to, possession, use or enjoyment of, the owner's real property, CPLR ' 6501. New York SMSA L.P. v. 225 5th LLC, 8 Misc. 3d 1019(A); 2005 N.Y. Misc. LEXIS 1564; 2005 N.Y. Slip Op. 51194 (U) (Sup., N.Y. Co.). For earlier discussion of these issues, see, Sharrow, 'The Powerful Impact of the Non-Foreclosure Notice of Pendency', N.Y. Real Estate Law Reporter, Vol. 18, No. 9, July 2004; Sharrow, 'Notice of Pendency in Courts Again; Recent Rulings Underscore the Power of This Ex Parte CPLR Article 65 Tool', N.Y.L.J., 4/12/04, p. 31.
The New York SMSA decision, when carefully analyzed, discloses that the 1993 amendment to CPLR ' 6501 ' enacted in response to an appellate decision ' still has 'loopholes'. It may be time for the Legislature once again to revisit, and possibly revise, CPLR ' 6501.
The Case in Point
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