Bulletin: NY000069

Dear Associates:

In enacting Chapter 563 of the Laws of 1994, which has been in effect since July 26, 1994, the legislature made several amendments to the provisions of the CPLR relating to commencement of civil actions by filing. The most critical of these amendments is in the area of Notice of Pendency.

For actions which have been or will be commenced on or after July 26, 1994, both the filing requirements of CPLR§306-b(a) and the service requirements of CPLR §6512 must be followed. If the §306-b filing requirements (filing of proof of service, notice of appearance or answer within 120 days of commencement of action by filing) are not met, the action will be deemed dismissed as to the defendant whose jurisdictional papers have not been filed. If service on ?the? defendant under §6512 has not been made within 30 days, the notice of pendency will be ineffective.

The following chart should be helpful for determining the statutory interplay:

(a) before July 1, 1992Actions commenced by service of process
Notice of Pendency filed before commencement not
effective unless at lease one defendant was served
within 30 days of the filing of the Notice

(b) From July 1, 1992 to as provided in either (a) above or (c) below
December 31, 1992

(c) From January 1, 1993 toAction commenced by filing with court
July 25, 1994Action deemed dismissed without prejudice against
any defendant for whom an affidavit of service,
notice of appearance or answer has not been filed
within 120 days of filing

(d) From July 26, 1994Action commenced by filing with court
Action deemed dismissed without prejudice against
any defendant for whom an affidavit of service,
notice of appearance or answer has not been filed
within 120 days of filing and Notice of Pendency
not effective unless at least one defendant was
served within 30 days of the filing of the Notice