Opinion
2003-02949.
Decided March 15, 2004.
In an action to foreclose tax liens, the defendant Square Funding Corp. appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated March 11, 2003, which denied its motion to cancel the notice of pendency filed in the action on the ground that a prior notice of pendency filed in the action had lapsed.
Donald Tirschwell, New City, N.Y., for appellant. Fischbein Badillo Wagner Harding, New York, N.Y. (Kenneth G. Schwarz and Leonid Krechmer of counsel), for respondents.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
New York City Administrative Code § 11-335 provides that actions to foreclose tax liens shall be governed by the "rules of practice applicable to actions to foreclose mortgages on real property." A new notice of pendency may be filed in a mortgage foreclosure action despite the cancellation of a previous notice of pendency ( see Horowitz v. Griggs, 2 A.D.3d 404; Campbell v. Smith, 309 A.D.2d 581; Slutsky v. Blooming Grove Inn, 147 A.D.2d 208).
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.