WILLIAMSBURG UNITED LLC v. MYOUNG JA KIM (2020)

Plaintiff WILLIAMSBURG UNITED LLC has previously moved by emergency order to show cause (hereinafter the subject motion) to extend the notice of pendency in the instant action.

By order filed on May 12, 2020, the Court has set the manner and method of service. The Court has also set a return date of the subject motion to August 4, 2020 via Skype for Business. The Court has also stayed the expiration of the notice of pendency, pending the hearing and determination of the subject motion.

The notice of pendency was originally filed on May 17, 2017 and was set to expire on May 17, 2020. In accordance with General Construction Law § 20 the expiration date of the Notice of Pendency is May 18, 2020 because May 17, 2020 fell on a Sunday.

Although the Court has issued a stay in the expiration date of the notice of pendency pending a hearing and determination of the subject motion, the Court has some concern that the notice of pendency could be deemed to have expired because there was no order entered and indexed before the May 18, 2020 expiration date. The Court is mindful of the Court of Appeals holding in the matter of In re Sakow (97 NY2d 436 [2002]) and its progeny.

Therefore, in light of the effects of the Covid-19 pandemic, which included a period of time in which the filings of notices of motion was prohibited, and with the Court wishing to avoid the potential elapsing of the notice of pendency through no fault or lack of diligence of the plaintiff, the Court hereby extends the Notice of Pendency to November 20, 2020.

The extension is meant to cover the potential gap between the May 18, 2020 expiration date of the notice of pendency and the Court's determination of the subject motion. It is done without regard to the merits of the subject motion and is a temporary measure.

ACCORDINGLY,

The Notice of Pendency is hereby extended to November 20, 2020.

The foregoing constitutes the decision and order of this Court.

Francois A. Rivera, J.