A notice of pendency may be filed in any action brought pursuant to this article in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property. The pendency of such an action is constructive notice, from the time of filing of the notice only, to a purchaser from, or incumbrancer against, any defendant named in a notice of pendency indexed in a block index against a block in which property affected is situated or any defendant against whose name a notice of pendency is indexed. A person whose conveyance or incumbrance is recorded after the filing of the notice is bound by all proceedings taken in the action after such filing to the same extent as if he or she were a party.
§ 1343.Notice of pendency; constructive notice
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceAuthorizes filing a notice of pendency in any forfeiture action seeking to affect title, possession, use, or enjoyment of real property, and makes that filing constructive notice binding later purchasers or encumbrancers from the moment of filing onward.
Full Text of CPLR 1343
Plain-English Summary
Section 1343 brings the lis pendens concept into forfeiture practice. If a forfeiture action seeks a judgment that would affect title to, or the possession, use, or enjoyment of, real property, the claiming authority can file a notice of pendency against it. That filing puts the world on notice that the property is tied up in litigation, without the claiming authority having to track down and personally warn every potential buyer.
The notice works through the county's indexing system. Once it is filed and indexed -- against a block in a block-index county, or against a defendant's name elsewhere -- anyone who later buys the property or takes a mortgage or other encumbrance against it is deemed to know about the forfeiture action, whether or not they checked the record.
That constructive notice runs only from the filing date forward, and it carries a real consequence: a purchaser or lender who takes an interest after the notice is filed is bound by everything that happens afterward in the case, to the same extent as if that purchaser or lender had been a party from the start.
Frequently Asked Questions
What is a notice of pendency in a forfeiture action?
A filing that publicly flags real property as the subject of a pending forfeiture action, so that anyone dealing with the property afterward is deemed to know about the case.
When can a claiming authority file a notice of pendency?
In any Article 13-A action where the judgment sought would affect title to, or the possession, use, or enjoyment of, real property.
Does a buyer who purchases property after a notice of pendency is filed take it free of the forfeiture case?
No, that purchaser is bound by all proceedings taken in the action after the filing, to the same extent as if the purchaser had been a party.
What is a block index and why does it matter here?
It is a county recording system organized by land-map block instead of by name; where a clerk maintains one, the notice of pendency must be indexed against the affected block.
From what point does constructive notice begin?
From the time the notice of pendency is filed, not from when the underlying action was commenced.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1343 notice of pendencyforfeiture lis pendens New Yorkconstructive notice real property forfeitureblock index notice of pendency