U.S. Bank N.A. v Kotei

Holding The Supreme Court erred in denying the plaintiff’s motion for a judgment of foreclosure and sale because the 2017 notice of pendency sufficiently complied with statutory requirements. The plaintiff was entitled to file a successive notice of pendency to comply with RPAPL 1331, even though a prior notice had expired.

The court’s words

A notice of pendency is a provisional remedy authorized by the Legislature to put the world on notice of the plaintiff's potential rights in the action

2026 NY Slip Op 05343, at the official text

the plaintiff was entitled to file a notice of pendency to comply with RPAPL 1331, notwithstanding that a prior notice of pendency had been filed against the property and had expired

2026 NY Slip Op 05343, at the official text

the 2017 notice of pendency, which contained the date of the mortgage, indicated the county in which the property was situated, and referenced the recording data concerning the mortgage and subsequent assignments, sufficiently complied with the statutory requirements

2026 NY Slip Op 05343, at the official text