Judge Fred Hirsh
Metro Interior Distributors moved to cancel a notice of pendency stemming from an action to foreclose on a mechanics lien against real property owned by the Hynes defendants. Defendants were served with a summons and complaint, but failed to appear and Metro entered a default judgment against them. The court noted the action was settled Aug. 12, 2012, and Metro filed a satisfaction of judgment and mechanics lien with the Nassau County Clerk. The parties executed a stipulation consenting to the cancellation of the notice of pendency. Thus, metro moved for an order directing the clerk to cancel the notice of pendency. The court noted while CPLR 6514(a) requires it to issue an order cancelling a notice of pendency if the action was settled, an action to foreclose on a mechanics lien was an action in equity, and the District Court had “virtually no equity jurisdiction.” It stated the Uniform District Court Act did not provide the district court with jurisdiction over actions to foreclose on a mechanics lien. The court ruled as it lacked subject matter jurisdiction to foreclose on a mechanics lien, it lacked jurisdiction over matters ancillary to the action to foreclose on the lien, such as a notice of pendency. It denied Metro’s motion without prejudice with leave to renew in a proper court.
