The court, upon motion of any person aggrieved and upon such notice of pendency as it may require, may direct any county clerk to cancel a notice of pendency, upon such terms as are just, whether or not the judgment demanded would affect specific real property, if the moving party shall give an undertaking in an amount to be fixed by the court, and if the court finds that adequate relief can be secured to the claiming authority by the giving of such an undertaking.
§ 1348.Undertaking for cancellation of notice of pendency
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceLets an aggrieved person cancel a notice of pendency, even in a case not aimed at specific real property, by posting a court-fixed undertaking that the court finds adequately secures the claiming authority's interest.
Full Text of CPLR 1348
Plain-English Summary
Section 1348 offers a different way out than section 1347's grounds-based motions: paying to make the notice go away. Any person aggrieved by a notice of pendency can move to cancel it on terms the court finds just, and the court can grant that relief by requiring the moving party to post an undertaking in a court-set amount.
Notably, this remedy is not limited to cases where the judgment demanded would affect specific real property -- it applies whether or not that is true. The one condition the court must find is that the undertaking adequately secures the claiming authority's interest, so the notice can come off the property without leaving the claiming authority exposed if the forfeiture case ultimately succeeds.
Frequently Asked Questions
How does cancellation under section 1348 differ from cancellation under section 1347?
Section 1347 cancels a notice based on grounds like late service or bad-faith prosecution, while section 1348 lets an aggrieved person buy cancellation by posting an undertaking, regardless of those grounds.
Does the property have to be the direct subject of the forfeiture judgment to use section 1348?
No, the section applies whether or not the judgment demanded would affect specific real property.
What must the court find before ordering cancellation under an undertaking?
That adequate relief can be secured to the claiming authority through the undertaking the moving party offers.
Who sets the amount of the undertaking under section 1348?
The court, which fixes the amount as part of granting the cancellation.
Can a defendant use section 1348 to sell or refinance property tied up in a forfeiture case?
Yes, posting the undertaking clears the notice of pendency from the property, which can free it for a sale or refinancing while the underlying case continues.
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 1348 undertaking cancel notice of pendencybond to remove lis pendens forfeiturecancel notice of pendency undertaking NYclear title forfeiture notice of pendency