On June 12, 2024, the Second Department issued a decision in NJCC-NYS Community Restoration Fund, LLC v. Ruiz, 2024 NY Slip Op. 03181, holding that a Notice of Pendency can only be filed in connection with a lawsuit, explaining:
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. In entertaining a motion to cancel a notice of pendency, the court essentially is limited to reviewing the pleading to ascertain whether the action falls within the scope of CPLR 6501. A reviewing court has the inherent power to vacate a notice of pendency that does not comport with CPLR 6501.
Here, it is undisputed that Retamozzo did not file a complaint or a petition to support his filing of the subject notice of pendency. Neither Retamozzo’s submissions in opposition to the plaintiff’s motion nor his arguments on this appeal demonstrate his entitlement to file the subject notice of pendency in the absence of a pleading.
(Internal quotations and citations omitted).