Opinion
No. 07–5331.
2013-12-2
US BANK NATIONAL ASSOCIATION, As Trustee, On Behalf of the Holders of the CSMC Trust 2006–CF2 CS Mortgage Pass Through Certificates, Series 2006–CF2, Plaintiffs, v. Karen CICCARELLI, T & V Construction Corp., “John Doe”, Defendants.
Furthermore, plaintiff must file in the clerk's office of each county where the mortgaged property is situated a notice of the pendency of the action at least twenty days before a final judgment directing a sale is rendered (see RPAPL 1331). A new notice of pendency may be filed in a mortgage foreclosure action despite the cancellation or expiration of a previous notice (see Sears Mtge. Corp. v. Yaghobi, 19 AD3d 402 [2d Dept 2005]; Bankers Trust Co. of California, N.A. v. Lifson, 5 AD3d 710 [2d Dept 2004] ). It appears that notices of pendency of this action were filed on February 9, 2007 and January 15, 2010 in the Suffolk County Clerk's Office, and plaintiff's counsel states in his affirmation in opposition to the cross motion that plaintiff has sufficient time before a final judgment is rendered to extend the notice of pendency. Therefore, Tubens' request for dismissal of the complaint based on the affirmative defense of lack of a valid notice of pendency is denied.