Real Estate Law
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Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
Hi Michael: There is no clear cut answer to your questions although all of the points you ask about are potential possibilities. In other words, there could be a chance, but it may be difficult in the making. Generally, a person aggrieved by a notice of pendency may, upon motion, seek to have the notice cancelled if, among other reasons, service of summons has not been completed within the statutory time prescription, the action has been settled, discontinued or abated or the plaintiff has not commenced or prosecuted the action in good faith (CPLR §6514(a), (b)).
It would seem that a motion to vacate the judgment in 2013 may be the next procedural step along with some restraining order. A thorough review of the previous proceeding may even bring up other potential possibilities.
We can discuss more if you would like to do so.
You mention many issues and facts. First, you had an attorney and an appeal. It appears that the current issue is that you are attempting to cease and desist under 6513 as you set forth. It is unclear whether there was a response to your cease and desist. Even so, whether to bring an action would appear to relate to the previous action or relate to the previous court orders. In other words, the motion would appear to be made in the previous proceeding.