N.Y. C.P.L.R. 6515

§ 6515. Undertaking for cancellation of notice of pendency; security\nby plaintiff. In any action other than a foreclosure action as defined\nin subdivision (b) of section 6516 of this article or for partition or\ndower, the court, upon motion of any person aggrieved and upon such\nnotice as it may require, may direct any county clerk to cancel a notice\nof pendency, upon such terms as are just, whether or not the judgment\ndemanded would affect specific real property, if the moving party shall\ngive an undertaking in an amount to be fixed by the court, and if:\n 1. the court finds that adequate relief can be secured to the\nplaintiff by the giving of such an undertaking; or\n 2. in such action, the plaintiff fails to give an undertaking, in an\namount to be fixed by the court, that the plaintiff will indemnify the\nmoving party for the damages that he or she may incur if the notice is\nnot cancelled.\n