N.Y. RPA Law § 231 — New York Code / Act RPA / Article 2 / Section 231
Sale; notice of; when and how conducted
Status: in_force

§ 231. Sale; notice of; when and how conducted. 1. A sale of real\nproperty made in pursuance of a judgment affecting the title to, or the\npossession, enjoyment or use of, real property, shall be at public\nauction to the highest bidder.\n  2. (a) Notice of such sale shall be given by the officer making it by\npublishing a notice of the time and place of the sale, containing a\ndescription of the property to be sold, in a newspaper published in the\ncounty in which the property is located, or, if there is none, in a\nnewspaper published in an adjoining county, unless the property is\nsituated wholly or partly in a city, or in an incorporated village in\nwhich a daily, semi-weekly or tri-weekly newspaper is published, and, in\nthat case, by publishing notice of the sale in such a daily, semi-weekly\nor tri-weekly paper, except that where such real property is located in\na county within the city of New York such publication shall be in a\ndaily newspaper published within such county, or in a weekly paper\npublished in a city or in such incorporated village. If the property be\nsituated in a city, or a village in which no newspaper is published\ndaily, semi-weekly or tri-weekly, and there be an adjoining city or\nvillage in the same or another county, in which a newspaper is\npublished, daily, semi-weekly or tri-weekly, such notice may be\npublished in such daily, semi-weekly or tri-weekly newspaper of the\nlatter city or village or in a weekly newspaper of such city. In each\ncase, publication may be either once in each week for four successive\nweeks or at least twice in each week for three successive weeks\nperceding the original date fixed for the sale. If the publication is\nfor three weeks, such sale shall take place on any day on or after the\ntwenty-first day and on or before the twenty-eighth day after the day of\nthe first publication; and if the publication is for four weeks such\nsale shall take place on any day on or after the twenty-eighth day and\non or before the thirty-fifth day after the day of the first\npublication.  Any period of seven successive days shall constitute a\nweek under this section.\n  (b) Where the property is situated wholly outside a city or an\nincorporated village referred to in subparagraph (a) of this\nsubdivision, notice of such sale shall also be given by posting a copy\nof the notice of sale at least twenty-eight days preceding the original\ndate fixed for the sale in three public places in the town in which the\nproperty is located, and, if the sale is to be held in another town or\nin a city, in three public places therein.\n  3. If the officer appointed to make such sale does not appear at the\ntime and place where such sale has been advertised to take place, the\nattorney for the plaintiff may postpone or adjourn such sale not to\nexceed four weeks, during which time such attorney may make application\nto the court to have another person appointed to make such sale.  Notice\nof postponement of the sale shall be posted at least three days prior to\nthe postponed date in the same places as the original notice of sale\nwhen posting of the notice of sale is required, and shall be published\nonce at least three days prior to the postponed date in the newspaper in\nwhich the notice of sale was originally published.\n  4. The terms of the sale shall be made known at the sale, and if the\nproperty or any part thereof is to be sold subject to the right of\ndower, charge or lien, that fact shall be declared at the time of the\nsale.\n  5. If the property consists of two or more distinct buildings, farms\nor lots, they shall be sold separately, unless otherwise ordered by the\ncourt; but where two or more buildings are situated in the same city\nlot, they shall be sold together.\n  6. At any time within one year after the sale, but not thereafter, the\ncourt, upon such terms as may be just, may set the sale aside for\nfailure to comply with the provisions of this section as to the notice,\ntime or manner of such sale if a substantial right of a party was\nprejudiced by the defect.\n