dliu1/legal-llama-raw-text huggingface dataset:
1. Every person having an undivided share, in possession or otherwise, in the property, as tenant in fee, for life, by the curtesy or for years;2. Every person entitled to the reversion, remainder or inheritance of an undivided share, after the determination of a particular estate therein;3. Every person who, by any contingency, is or may become entitled to a beneficial interest in an undivided share in the property, provided that where a future estate or interest is limited in any contingency to the persons who shall compose a certain class upon the happening of a future event, it shall be sufficient to make parties to the action the persons who would have been entitled to such estate or interest if such event had happened immediately before the commencement of the action;4. Every person having an inchoate right of dower in an undivided share in the property;5. Every person having a right of dower in the property, or any part thereof, which has not been admeasured; and6. An executor or administrator, where letters testamentary or of administration have been issued on the estate of the decedent from whom the plaintiff's title to the real property is derived, and the action is brought within eighteen months after such letters were issued; or where the person of whose estate the executor or administrator has been appointed should, if living, be a party to the action. If no executor or administrator has been appointed for the estate of such a person, that fact must be stated in the complaint.
N.Y. Real Prop. Acts. Law § 903
Section 904 - Permissible defendants
The plaintiff, at his election, may make defendant in the action:
1. A tenant by the curtesy or for life or for years, of the entire property, or whoever may be entitled to a contingent or vested remainder or reversion in the entire property, or a person having a lien or interest which attaches to the entire property. A person specified in this subdivision who is not made a party is not affected by the judgment in the action.2. A person having a lien on an undivided share or interest in the property. The nature of the lien and the share or interest to which it attaches shall be specified.3. An unknown person entitled to an estate or interest in the property sold. The court shall provide for the protection of his rights, as far as may be, as if he were known and had appeared.4. The state.
N.Y. Real Prop. Acts. Law § 904
Section 905 - Complaint
The complaint shall describe the property with reasonable certainty, specify the rights, shares and interests therein of each of the parties, as far as the same are known to the plaintiff, and contain any other allegation required by statute. If a party, or the share, right or interest of a party, be unknown to the plaintiff; or if a share, right or interest be uncertain or contingent; or if the ownership of the inheritance depend upon an executory devise; or if a remainder be contingent, so that the party cannot be named; such facts shall be stated in the complaint. The complaint shall state whether the parties own any other lands in common.
N.Y. Real Prop. Acts. Law § 905
Section 907 - Trial of title or interest1. The title or interest of any party in the property may be put in issue. When any defendant, not a tenant in common or joint tenant with plaintiff, puts in issue title or interest, all subsequent proceedings as to such defendant, including the trial, judgment and execution, shall be the same as if it were an action to recover real property.2. An issue of fact joined in the action is triable by a jury.
N.Y. Real Prop. Acts. Law § 907
Section 911 - Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown defendant
If a defendant has made default in appearing or pleading, or the rights of the parties are not controverted, or a party be an infant, absentee or unknown, the court shall ascertain the rights, shares and interests of the several parties in the property, by a reference or otherwise, before interlocutory judgment is rendered.
N.Y. Real Prop. Acts. Law § 911
Section 913 - Inquiry as to creditors1. Before an interlocutory judgment for the sale of real property is rendered the court shall ascertain, by reference or otherwise, whether there is any creditor not a party who has a lien on the undivided share or interest of any party. A search certified by the clerk or by the clerk and register of the county where the property is situated that there is no such outstanding lien is sufficient proof of the absence of such creditor.2. Where a reference is directed, the referee shall cause a notice to be published once in each week for four successive weeks in such newspaper published in the county wherein the place of trial is designated as shall be designated by the court directing said reference, and also, where the court so directs, in a newspaper published in each county wherein the property is situated, requiring each person not a party to the action who, at the date of the order, had a lien upon any undivided share or interest in the property, to appear before the referee at a specified place and on or before a specified day to prove his lien and the true amount due or to become due to him by reason thereof. The referee shall report to the court with all convenient speed the name of each creditor whose lien is satisfactorily proved before him, the nature and extent of the lien, the date thereof and the amount due or to become due thereupon.
N.Y. Real Prop. Acts. Law § 913
Section 915 - Interlocutory judgment
The interlocutory judgment shall determine the right, share or interest of each party in the property, as far as the same has been ascertained. Where the property or any part thereof is so circumstanced that a partition thereof cannot be made without great prejudice to the owners, the interlocutory judgment, except as otherwise expressly prescribed in this article, shall direct that the property or the part so circumstanced be sold at public auction. Otherwise, an interlocutory judgment in favor of the plaintiff shall direct that partition be made between the parties according to their respective rights, shares and interests and shall designate three reputable and disinterested freeholders as commissioners to make the partition so directed.
N.Y. Real Prop. Acts. Law § 915
Section 916 - Interlocutory judgment directing partial partition
Where the right, share and interest of a party has been ascertained, and the rights, shares or interests of the other parties as between themselves remain unascertained, an interlocutory judgment for a partition shall direct a partition as between the party whose share has been so determined and the other parties to the action. Where the rights, shares and interests of two or more parties have been thus ascertained and determined, the interlocutory judgment may also direct the partition among them of a part of the property proportionate to their aggregate shares. In either case, the court, from time to time, as the other rights, shares and interests are ascertained, may render an interlocutory judgment directing the partition, in like manner, of the remainder of the property. Where an interlocutory judgment is rendered in a case specified in this section, the court may direct the action to be severed, and final judgment to be rendered with respect to the portion of the property set apart to the parties whose rights, shares and interests are determined, leaving the action to proceed as against the other parties with respect to the remainder of the property; and if necessary, the court may direct that one of those parties be substituted as plaintiff.
N.Y. Real Prop. Acts. Law § 916
Section 917 - Interlocutory judgment directing partition in common
Where two or more parties desire to enjoy their shares in common with each other, the interlocutory judgment may direct partition to be so made as to set off to them their shares of the real property partitioned, without partition as between themselves, to be held by them in common.
N.Y. Real Prop. Acts. Law § 917
1. An interlocutory judgment directing the sale of the property may direct that the premises sold shall be free from the lien of every debt of a decedent, from whom the plaintiff's title is derived, or of a decedent who, if living, should be a party to the action, except debts which were a lien upon the premises before the death of such decedent.2. Where a party has an existing right of dower in the entire property directed to be sold, at the time when an interlocutory judgment for a sale is rendered in an action for partition, the court shall determine whether the interests of all the parties require that the right of dower should be excepted from the sale or that it should be sold. If a sale of the property, including the right of dower, is directed, the interest of the party entitled to the right of dower shall pass thereby; and the purchaser, his heirs and assigns, shall hold the property free and discharged from any claim by virtue of that right.
N.Y. Real Prop. Acts. Law § 918
Section 919 - Interlocutory judgment directing credit on sale
The court, in the interlocutory judgment for a sale, shall direct the terms of credit which may be allowed for any portion of the purchase-money.
N.Y. Real Prop. Acts. Law § 919
Section 921 - Actual partition1. The commissioners designated by the interlocutory judgment shall forthwith proceed to make partition as directed by such judgment, unless it appears to them that partition thereof, or of a particular lot, tract or other portion thereof, cannot be made without great prejudice to the owners; in which case, they shall make a written report of that fact to the court.2. The commissioners shall divide the property into distinct parcels and allot the several parcels to the respective parties, quality and quantity being relatively considered, according to the respective rights and interest of the parties as fixed by the interlocutory judgment. They shall designate the several parcels by suitable monuments. They may employ a surveyor, with the necessary assistants, to aid them.3. Where a party has a right of dower in the property, or a part thereof, which has not been admeasured, or has an estate by the curtesy or for life or for years in an undivided share of the property, the commissioners may allot to that party his share without reference to the duration of the estate. They may make partition of the share so allotted to that party, among the parties who are entitled to the remainder or reversion thereof, to be enjoyed by them upon the determination of the particular estate, where, in the opinion of the commissioners, such a partition can be made without prejudice to the rights of the parties.
N.Y. Real Prop. Acts. Law § 921
Section 922 - Meeting of commissioners; report of actual partition; confirming or setting aside report1. All the commissioners shall meet together in the performance of any of their duties, but the acts of a majority so met are valid. They shall make a full report of their proceedings, under their hands, specifying therein the manner in which they have discharged their trust, describing the property divided and the share or interest in a share allotted to each party, with the quantity, courses and distances or other particular description of each share, and a description of the monuments; and specifying the items of their charges. Their report shall be acknowledged or proved, and certified, in like manner as a deed to be recorded, and shall be filed in the office of the clerk.2. The court shall confirm or set aside the report, and, if necessary, may appoint new commissioners.3. If the commissioners report that the property, or a particular lot, tract or other portion thereof is so circumstanced that a partition thereof cannot be made without great prejudice to the owners, the court may render a supplemental interlocutory judgment reciting the facts and directing that the property or the distinct parcel so circumstanced be sold.
N.Y. Real Prop. Acts. Law § 922
Section 923 - Security for credit on sale
The portion of the purchase-money for which credit is allowed in the interlocutory judgment shall be secured at interest by a mortgage upon the property sold, with a bond of the purchaser; and by such additional security, if any, as the court prescribes. The officer making the sale may take separate mortgages and other securities in the name of the county treasurer of the county in which the property is situated for such convenient portions of the purchase-money as are directed by the court to be invested; and in the name of the owner, for the share of any known owner of full age who desires to have it invested.
N.Y. Real Prop. Acts. Law § 923
Section 925 - Report of sale; confirmation
1. Immediately after completing the sale, the officer making it shall file with the clerk his report thereof under oath, containing a description of each parcel sold, the name of the purchaser and the price.2. The court shall confirm or set aside the report.
N.Y. Real Prop. Acts. Law § 925
Section 927 - Contents of judgment after actual partition
Upon the confirmation by the court of the report of the commissioners making partition, final judgment shall be entered directing that each of the parties who is entitled to possession of a distinct parcel allotted to him, be let into the possession thereof, either immediately, or after the determination of the particular estate, as the case requires.
N.Y. Real Prop. Acts. Law § 927
Section 928 - Effect of judgment after actual partition
A final judgment after actual partition is binding and conclusive upon the following persons, except parties and persons claiming under them whose rights and interests are expressly left unaffected:
1. The plaintiff; each defendant upon whom the summons was served, either personally or without the state or by publication; and his legal representatives.2. Each person claiming from, through or under such a party, by title accruing after the filing of the judgment-roll, or after the filing in the proper county clerk's office of a notice of the pendency of the action.3. Each person not in being when the interlocutory judgment is rendered who, by the happening of any contingency becomes afterwards entitled to a beneficial interest attaching to, or an estate or interest in, a portion of the property, the person first entitled to which, or other virtual representative whereof, was a party specified in the first subdivision of this section.
N.Y. Real Prop. Acts. Law § 928
Section 929 - Lien of creditor upon share partitioned
After actual partition the lien of a creditor having a lien on an undivided share or interest in the property, who is or is not made a party, shall attach only to the share or interest assigned to the party upon whose share or interest the lien attached; which shall be first charged with its just proportion of the costs and expenses of the action, in preference to the lien.
N.Y. Real Prop. Acts. Law § 929
Section 931 - Contents of judgment after sale
A final judgment confirming a sale shall direct the officer making it to execute the proper conveyances and take the proper securities pursuant to the sale, and also direct application of the proceeds.
N.Y. Real Prop. Acts. Law § 931
Section 933 - Effect of judgment after sale
A final judgment after sale is binding and conclusive upon the same persons upon whom a final judgment for actual partition is binding and conclusive; and it bars each of those persons who is not a purchaser at the sale from all right, title and interest in the property sold. It is also a bar against each person not a party who, at the time when it is entered, has a general lien by judgment or decree on the undivided share or interest of a party, if notice was given to appear before the referee and make proof of liens, as prescribed in this article, and also against each person made a party who then has a specific lien on any such undivided share or interest; but a person having any such specific lien appearing of record at the time of the filing of the notice of the pendency of the action, who is not made a party, is not affected by such judgment.
N.Y. Real Prop. Acts. Law § 933
Section 943 - Judgment directing compensation to equalize partition
Where it appears that partition cannot be made equal between the parties according to their respective rights without prejudice to the rights or interests of some of them, the final judgment may award compensation to be made by one party to another for equality of partition. But compensation cannot be so awarded against a party who is unknown or whose name is unknown. Nor can it be awarded against an infant unless it appears that he has personal property sufficient to pay it and that his interests will be promoted thereby.
N.Y. Real Prop. Acts. Law § 943
Section 945 - Judgment adjusting rents and profits
The court may adjust the rights of a party as against any other party by reason of the receipt by the latter of more than his proper proportion of the rents or profits of a share.
N.Y. Real Prop. Acts. Law § 945
Section 947 - Judgment affecting state tax claim
A judgment affecting adversely the title, interest or claim of the state based upon a tax deed, shall provide in effect as follows:
1. That the state shall have a lien upon such real property or part thereof described in such tax deed, prior and superior to all other liens, (a) for the amount of the unpaid taxes not adjudged illegal in such action for which such real property was sold or liable to be sold in the first instance and for which such tax deed was issued, together with fees, charges and interest; (b) for the amount of the unpaid taxes not adjudged illegal in such action for which such real property was subsequently sold or liable to be sold, together with fees, charges and interest; (c) for the amount of all taxes, fees and charges admitted or paid by the state upon such real property to the date of the entry of such judgment, together with interest thereon from the date of such admission or payment. In the determination of the amount of such lien, establishment of payments of taxes on said land by the adjudged or admitted owner of the property during any of the same years in which payments were also made by the state shall reduce the lien of the state by the larger of the two tax payments for each of the years affected by duplicate payments, and in the event that wholly identical areas are not affected by the duplicate payments the court shall have power to apportion and adjust the amount of the lien as equity may require. 2. That the state may foreclose such lien as a mortgage on real property is foreclosed, provided such lien remains unpaid after the expiration of one year from the entry of such judgment.
N.Y. Real Prop. Acts. Law § 947
Section 951 - Recording of judgment
A copy, which is certified as correct, of the final judgment may be recorded in the office for recording deeds in each county in which any real property affected is situated.
N.Y. Real Prop. Acts. Law § 951
Section 961 - Disposition of proceeds of sale
The proceeds of a sale, after deducting the costs and expenses chargeable against them shall be immediately awarded as directed by the final judgment, to the parties whose rights and interests have been sold, in proportion thereto. The sum chargeable upon any share to satisfy a lien thereon shall be paid to the creditor, or retained, subject to the order of the court; and the remainder except as otherwise prescribed in this article, shall be paid by the officer making the sale, to the party owning the share or his legal representatives or into court for his use. The proceedings to ascertain and settle the liens upon an undivided share shall not affect any other party to the action or delay the paying over or investing of money to or for the benefit of any other party upon whose share or interest in the property there does not appear to be any existing lien.
N.Y. Real Prop. Acts. Law § 961
Section 962 - Payment of proceeds into court where there are liens
If there is any existing lien upon the share or interest of a party in the property, the interlocutory judgment directing the sale shall direct the officer making it to pay into court the portion of the money arising from the sale of the share or interest of that party after deducting the portion of the costs and expenses for which it is liable.
N.Y. Real Prop. Acts. Law § 962
Section 963 - Payment of proceeds out of court where there are liens1. Where the proceeds of a sale are paid into court, in a case specified in section 962, the party may apply to the court for an order directing that the money, or such part as he claims, be paid to him, and the court shall make such an order as justice requires. The party shall by affidavit show the amount actually due on each incumbrance, and the name and residence of the owner of the incumbrance, as far as they are known or can be ascertained with due diligence, and showing service of a notice of the application on each owner of an incumbrance. Service of the notice within the state shall be personal, or by leaving it at the owner's residence with some person of suitable age and discretion, at least fourteen days previous to the application. Service without the state, if personal, shall be made at least twenty days previous to the application. If the owner of the incumbrance resides without the state, and the place of his abode cannot be ascertained with reasonable diligence, notice may be served on him by publishing it in such newspaper or newspapers as the court may direct, once in each week for the four weeks immediately preceding the application.2. When the whole amount of the unsatisfied liens upon an undivided share has been ascertained, the court shall order the portion of the money so paid into court on account of that share to be distributed among the creditors having the liens, according to the priority of each of them. Where the incumbrancer is not a party to the action, the clerk or other officer by whom a lien is paid off shall procure satisfaction to be acknowledged or proved, as required by law, and shall cause the incumbrance to be duly satisfied or cancelled of record. The expense of so doing shall be paid out of the portion of the money in court belonging to the party by whom the incumbrance was payable.
N.Y. Real Prop. Acts. Law § 963
Section 964 - Payment of proceeds into court in cases involving decedent's property
Where the property has been sold free from the lien of debts, a final judgment, entered before eighteen months have elapsed from the granting of letters of administration or letters testamentary upon the estate of a decedent from whom the plaintiff derived his title, shall direct that the proceeds of the sale remaining after the payment of the costs, referee's fees, expenses of sale, and liens established before the death of the decedent, including any sum allowed to a widow in satisfaction of her right of dower, therein directed to be paid, be paid forthwith into court by the referee making such sale.
A final judgment in such case, entered before eighteen months have elapsed from the granting of letters of administration or letters testamentary upon the estate of a deceased person, who, if living, should be a party to the action, shall direct that the share of the proceeds of such sale, which would have been his, if living, be paid into court by such referee.
N.Y. Real Prop. Acts. Law § 964
Section 965 - Payment of proceeds out of court in cases involving decedent's property
Money paid into court under section 964 may be paid out of court to such parties as are entitled thereto by order of the court made upon motion of any party, and upon: