In attempt to leverage a buyout, by placing a cloud on the title of a Manhattan property, R. Romanoff filed a second notice of pendency after his first had expired. When the New York County Supreme Court granted the defendant’s motion to cancel that second notice, Romanoff appealed.
In its affirmance, the Appellate Division, First Department, applied a "no second chance" rule, and characterized the second filing as a “prohibited successive notice”--since it affected the same property, pertained to the same claim, and impacted the same parties.
Don’t double dip the chip?
To view a copy of the Appellate Division’s decision, please use this link: Romanoff v Romanoff