Israelson v. Bradley

In Israelson v. Bradley (308 NY 511, 516, 127 N.E.2d 313 [1955]) the Court observed that with a notice of pendency a plaintiff who has an interest in real property has received from the State: An extraordinary privilege which . . . upon the mere filing of the notice of a pendency of action, a summons and a complaint and strict compliance with the requirements of section 120 [of the Civil Practice Act; now codified in CPLR 6501, 6511 and 6512] is required. Proper administration of the law by the courts requires promptness on the part of a litigant so favored and that he accept the shield which has been given him upon the terms imposed and that he not be permitted to so use the privilege granted that it becomes a sword usable against the owner or possessor of realty. If the terms imposed are not met, the privilege is at an end.