A notice of pendency filed before an action is commenced is effective only if, within thirty days after filing, a summons is served upon the defendant or first publication of the summons against the defendant is made pursuant to an order and publication is subsequently completed. If the defendant dies within thirty days after filing and before the summons served upon him or her or publication is completed, the notice is effective only if the summons is served upon his or her executor or administrator within sixty days after letters are issued.
§ 1345.Service of summons
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceConditions the effectiveness of a notice of pendency filed before the action begins on serving the summons, or completing publication, within thirty days of filing, with a sixty-day window to serve a deceased defendant's executor or administrator.
Full Text of CPLR 1345
Plain-English Summary
Section 1345 puts a clock on a notice of pendency filed early. If the claiming authority files the notice before the action is commenced, that filing only stays effective if a summons is served on the defendant, or first publication of the summons is made under a court order and later completed, within thirty days of filing.
The statute makes room for a defendant who dies during that window. If the defendant dies within the thirty days and before service or publication is completed, the notice remains effective as long as the summons is served on the executor or administrator within sixty days after letters are issued -- giving the claiming authority a realistic path to keep the case alive against the estate.
Frequently Asked Questions
What happens if the summons is not served within thirty days of filing a pre-action notice of pendency?
The notice of pendency loses its effectiveness, since section 1345 conditions it on timely service or completed publication within that window.
Does publication of the summons satisfy section 1345 instead of personal service?
Yes, first publication made pursuant to a court order and subsequently completed satisfies the requirement in place of service.
What happens if the defendant dies before the summons is served?
The notice remains effective if the summons is served on the defendant's executor or administrator within sixty days after letters are issued.
Does section 1345 apply if the notice of pendency is filed after the action is already commenced?
No, the thirty-day service requirement applies specifically to a notice filed before the action is commenced.
Why does the statute build in a sixty-day period for a deceased defendant's estate?
Because letters testamentary or of administration take time to issue, and the claiming authority cannot serve an executor or administrator who has not yet been appointed.
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 1345 service of summons notice of pendencythirty day summons notice of pendencyforfeiture notice of pendency deadlineserve executor notice of pendency