dliu1/legal-llama-raw-text huggingface dataset:
An appeal from a final judgment awarding to the plaintiff possession of the part admeasured and laid off to her does not stay the execution thereof unless the court, or a judge thereof, grants an order directing such a stay. Such an order shall not be granted if an undertaking is given on the part of the respondent, with one or more sureties approved by the court, or a judge thereof, to the effect that, if the judgment appealed from is reversed or modified, and restitution is awarded, she will pay to the person entitled thereto the value of the use and occupation of the part so admeasured and laid off to her, or of the portion restitution of which is awarded, during the time she holds possession thereof, by virtue of the judgment.
N.Y. Real Prop. Acts. Law § 1064
Section 1071 - Plaintiff may consent to receive a gross sum
In an action for dower, the plaintiff may, at any time before an interlocutory judgment is rendered, by reason of the defendant's default in appearing or pleading, or, where an issue of fact is joined, at any time before the commencement of the trial, file with the clerk a consent to accept a gross sum, in full satisfaction and discharge of her right of dower in the real property described in the complaint. Such a consent must be in writing, and acknowledged or proved, and certified, in like manner as a deed to be recorded. A copy thereof, with notice of the filing, must be served upon each adverse party who has appeared, or who appears after the filing.
N.Y. Real Prop. Acts. Law § 1071
Section 1072 - Defendant may consent to pay it; proceedings thereupon
At any time after a consent is filed, as prescribed in section 1071, and before an interlocutory judgment is rendered, any defendant may apply to the court, upon notice, for an order granting him leave to pay such a gross sum. Thereupon the court may, in its discretion, and upon such terms as justice requires, ascertain the value of the plaintiff's right of dower in the property, by a reference or otherwise, and make an order directing payment by the applicant of the sum so ascertained, within a time fixed by the order, not exceeding sixty days after service of a copy thereof and directing the execution by the plaintiff of a release of her right of dower, upon receipt of the money. Obedience to the order may be enforced, either by punishment for contempt, or by striking out the pleading of the offending party and rendering judgment against him or her, in both modes.
N.Y. Real Prop. Acts. Law § 1072
Section 1073 - Interlocutory judgment for sale
Where the plaintiff's consent has been filed as prescribed in section 1071 and she is entitled to an interlocutory judgment in the action, the court must, upon the application of either party, ascertain, by reference or otherwise, whether a distinct parcel of the property can be admeasured and laid off to the plaintiff, as tenant in dower, without material injury to the interests of the parties. If it appears to the court that a distinct parcel cannot be so admeasured and laid off, the interlocutory judgment must, except in the case specified in the section 1074, direct that the property be sold by the sheriff, or by a referee designated therein; and that, upon the confirmation of the sale, each party to the action, and every person deriving title from, through, or under a party, after the filing of the judgment-roll, or of a notice of the pendency of the action as prescribed by law, be barred of and from any right, title, or interest in or to the property sold.
N.Y. Real Prop. Acts. Law § 1073
Section 1074 - Direction that a part be laid off
In a case specified in section 1071, where the property, or a part thereof, consists of one or more vacant or unimproved lots, the plaintiff's consent may contain a stipulation to take a distinct parcel, out of those lots, in lieu of a gross sum. In that case, the interlocutory judgment, instead of directing a sale, may direct if it appears to be just so to do, that commissioners be appointed to admeasure and lay off to the plaintiff a distinct parcel, out of the vacant or unimproved lots; and, if there is any other property, that it be sold, and a gross sum be paid to her out of the proceeds thereof, as prescribed in sections 1075, 1076, 1077 and 1078. The plaintiff's title to each distinct parcel, admeasured and laid off to her, as prescribed in this section, is that of an estate of inheritance in fee simple. In admeasuring and laying off the same, the commissioners must consider quantity and quality relatively, according to the value of the plaintiff's right of dower in the vacant or unimproved lots, out of which the admeasurement is to be made; which must be ascertained, in proportion to the value of those lots, as prescribed in sections 1075, 1076, 1077 and 1078, for fixing a gross sum to be paid to her out of the proceeds of a sale.
N.Y. Real Prop. Acts. Law § 1074
Section 1075 - Liens to be ascertained
Before an interlocutory judgment is rendered for the sale of the property, the court must direct a reference to ascertain whether any person not a party, has a lien upon the property, or any part thereof. But the court may direct or dispense with such reference, in its discretion, where a party produces a search, certified by the clerk, or by the clerk and register as the case requires, of the county where the property is situated and it appears therefrom, and by the affidavits, if any, produced therewith, that there is no such outstanding lien. Except as otherwise expressly prescribed in this article, the proceedings upon and subsequent to the reference must be the same as prescribed by law where a reference is made in an action for partition to ascertain whether there is a creditor not a party who has a lien on the share or interest of a party.
N.Y. Real Prop. Acts. Law § 1075
Section 1076 - Satisfaction or protection of lien
Where the interlocutory judgment directs a sale, if the right of dower of the plaintiff is inferior to any other lien upon the property, the judgment may, in the discretion of the court, direct that the property be sold either subject to the lien, or discharged from the lien; and, in the latter case, that the officer making the sale pay the amount of the lien out of the proceeds of the sale.
N.Y. Real Prop. Acts. Law § 1076
Section 1077 - Payment of taxes, assessments and water rates out of proceeds
Where a judgment, rendered in an action for dower directs a sale of the real property, the officer making the sale must, out of the proceeds, unless the judgment otherwise directs, pay all taxes, assessments, and water rates which are liens upon the property sold and redeem the property sold from any sales for unpaid taxes, assessments, or water rates which have not apparently become absolute. The sums necessary to make those payments and redemptions are deemed expenses of the sale.
N.Y. Real Prop. Acts. Law § 1077
Section 1079 - Final judgment upon confirming sale
Upon confirming the sale, the court must ascertain, by a reference or otherwise, the rights and interests of each of the parties in and to the proceeds of the sale, and also what gross sum of money is equal to the value of the plaintiff's dower in the net proceeds of the sale, calculated upon the principles applicable to life annuities. The court must thereupon render final judgment confirming the sale and directing that the gross sum so ascertained be paid to the plaintiff, in full satisfaction of her right of dower and that the remainder of the proceeds of the sale be distributed among the persons entitled thereto.
N.Y. Real Prop. Acts. Law § 1079
Section 1081 - Certain provisions made applicable
The provisions of law relating to a sale in partition and to the distribution, investment, and care of the proceeds, apply, as far as they are applicable, to a sale made as prescribed in this article and to the distribution of the proceeds of a sale, as prescribed in section 1079.
N.Y. Real Prop. Acts. Law § 1081
Section 1091 - Action to recover property by revisioner or remainderman, after determination of particular estate
Where a tenant for life, or for a term of years, suffers a judgment to be taken against him, by consent or by default, in an action for dower, the heir or person owning the reversion or remainder, may, after the determination of the particular estate, maintain an action to recover the property.
N.Y. Real Prop. Acts. Law § 1091
Section 1093 - Collusive recovery not to prejudice infant
Where a widow, not having a right to dower, recovers dower against an infant, by the default or collusion of his guardian, the infant shall not be prejudiced thereby; but when he comes of full age, he may bring an action of ejectment against the widow, to recover the property so wrongfully awarded for dower, with damages from the time when she entered into possession, although that is more than six years before the commencement of the action.
N.Y. Real Prop. Acts. Law § 1093
Article 11 - PROCEEDING TO DISCOVER THE DEATH OF A TENANT FOR LIFE
Section 1101 - Petition for production of tenant for life
A person entitled to claim real property after the death of another who has a prior estate therein may, not oftener than once in each calendar year, apply by petition to the supreme court, at a special term thereof, held within the judicial district wherein the property or a part thereof is situated, for an order directing the production of the tenant for life, as prescribed in this article, by a person, named in the petition, against whom an action of ejectment to recover the real property can be maintained, if the tenant for life is dead or, where there is no such person, by the guardian, husband, trustee, or other person, who has, or is entitled to, the custody of the person of the tenant for life, or the care of his estate.
N.Y. Real Prop. Acts. Law § 1101
The petition must be in writing and verified by the affidavit of the petitioner, to the effect that the matters of fact therein set forth are true. It must contain:
a. A description of the real property and a statement of the petitioner's interest therein and of such other facts as show that the case is within the provisions of section 1101;b. An averment that the petitioner believes that the person upon whose life the prior estate depends is dead, together with a statement of the grounds upon which the petitioner's belief is founded.
N.Y. Real Prop. Acts. Law § 1102
Section 1103 - Service of petition and notice
A copy of the petition, including the affidavit, together with notice of the time and place at which the petition will be presented, must be personally served, at least fourteen days before its presentation, upon the person required, by the prayer thereof, to produce the tenant for life.
N.Y. Real Prop. Acts. Law § 1103
Section 1104 - Proceedings upon presentation of petition
Upon the presentation of the petition and affidavit, with due proof, by affidavit, of service of a copy thereof, and of the notice, if sufficient cause to the contrary is not shown by the adverse party, the court must either issue a commission, as prescribed in the following sections of this article or make an order, directing the adverse party, at a time and place therein specified, before the court, or a referee therein designated, to produce the person upon whose life the prior estate depends, or, in default thereof, to prove that he is living.
N.Y. Real Prop. Acts. Law § 1104
Section 1105 - Service of order; powers of court or referee
Where an order requiring the production of the tenant for life, or proof that he is living, is made as prescribed in section 1104, a certified copy thereof must be served, at least fourteen days before the time therein specified, upon the person required to make the production or proof, or upon his attorney. Upon presentation of proof of service, by affidavit, the court or the referee must, at the time and place specified in the order, or at the time and place to which the hearing may be adjourned, hear the allegations and proofs of the parties, respecting the identity of any person produced, with the person whose death is in question or, if the latter person is not produced, respecting the reasons for the failure to produce him, and whether he is living. Where a referee is appointed, he has the same powers, and is entitled to the same compensation, as a referee appointed for the trial of an issue in a civil action in a court of record.
N.Y. Real Prop. Acts. Law § 1105
Section 1106 - Habeas corpus
If it appears, by affidavit, to the satisfaction of the court, that the person required to be produced is imprisoned within the state, for any cause, except upon a sentence for a felony, or is kept or detained, within the state, by any person, the court may, either before or after making the order for production, issue a writ of habeas corpus to bring him before it, or before the referee, as the case requires. The writ must be served and executed, and disobedience thereto may be punished, as where a writ of habeas corpus is issued, to inquire into the cause of the detention of a prisoner.
N.Y. Real Prop. Acts. Law § 1106
Section 1107 - Report of referee
The referee must deliver his report to the petitioner, or file it with the clerk, within ten days after the case is closed. He must state therein whether any person was or was not produced before him as being the person whose death is in question. He must append thereto, in the form of depositions, the proofs, if any, respecting the identity of any person so produced with the person whose death is in question or if no one is so produced, upon the question whether the latter person is living. He must also state in his report his conclusions upon the questions controverted before him.
N.Y. Real Prop. Acts. Law § 1107
Section 1111 - Dismissal of petition when order complied with
If it appears to the satisfaction of the court, upon the referee's report and the proofs thereto appended or, where a referee is not appointed, upon the allegations and proofs of the parties before the court, that the party required to produce the tenant for life, or to prove his existence, has fully complied with the order, the court must make an order dismissing the petition and requiring the petitioner to pay the costs of the proceedings.
N.Y. Real Prop. Acts. Law § 1111
Section 1112 - When life tenant deemed dead and petitioner let into possession
If it appears from the referee's report, or upon the hearing before the court, that the person upon whose life the prior estate depends was not produced and if the party required to produce him, or to prove his existence has not proved to the satisfaction of the court that he is living, a final order must be made, declaring that he is presumed to be dead, for the purpose of the proceedings, and directing that the petitioner be forthwith let into possession of the real property, as if that person was actually dead.
N.Y. Real Prop. Acts. Law § 1112
Section 1121 - Commission to be issued if life tenant is without the state
If before or at the time of the presentation of the referee's report to the court, or, where a referee is not appointed, at any time before the final order is made, the party upon whom the petition and notice are served presents to the court presumptive proof, by affidavit, that the person whose death was in question is, or lately was, at a place certain without the state, the court must make an order requiring the petitioner to take out a commission, directed to one or more persons residing at or near that place, either designated in the order or to be appointed upon a subsequent application for the commission, for the purpose of obtaining a view of the person whose death is in question and of taking such testimony respecting his identity as the parties produce. The order must also direct that the proceedings upon the petition be stayed until the return of the commission and that the petition be dismissed, with costs, unless the petitioner takes out the commission within a time specified in the order, and diligently procures it to be executed and returned at his own expense.
N.Y. Real Prop. Acts. Law § 1121
Section 1122 - General provisions respecting the commission
It is not necessary, unless the court specially so directs, that the witnesses to be examined should be named in the commission, or that interrogatories should be annexed thereto. The commission must be executed and returned, and the deposition taken must be filed and used, as prescribed by law for depositions taken without the state for use within the state, except as otherwise specially prescribed in this article.
N.Y. Real Prop. Acts. Law § 1122
Section 1123 - Petitioner to give notice of its execution
The petitioner must give to the adverse party, or his attorney, written notice of the time when, and the place where, the commissioner or commissioners will attend, for the purpose of executing the commission, as follows:
a. If the place, where the commission is to be executed, is within the United States, or the dominion of Canada, he must give at least two months' notice;b. If it is within any of the West India islande, he must give at least three months' notice;c. In every other case, he must give at least four months' notice.
Notice may be given, as required by this section, by serving it as prescribed by law for the service of a paper upon an attorney in a civil action in the supreme court.
N.Y. Real Prop. Acts. Law § 1123
Section 1124 - Execution thereof
The commissioner or commissioners possess the same powers, and must proceed in the same manner, as a referee, appointed by an order requiring the production of the tenant for life, or proof of his existence; except that they cannot proceed unless a person is produced before them, as being the person whose death is in question. The return to the commission must expressly state whether any person was or was not so produced. The testimony respecting the identity of a person so produced must be taken, unless otherwise specially directed by the court, as prescribed by law, for taking the deposition of a witness upon oral interrogatories except that it is not necessary to give any other notice of the time and place of examination than that prescribed in section 1123.
N.Y. Real Prop. Acts. Law § 1124
Section 1125 - Proceedings on return of commission
Upon the return of the commission, the proceedings are the same as upon the report of a referee, as prescribed in sections 1111 and 1112; but the court may, in its discretion, receive additional proofs from either party.
N.Y. Real Prop. Acts. Law § 1125
Section 1131 - Costs
Where costs of a special proceeding taken as prescribed in this article are awarded, they must be fixed by the court at a gross sum, not exceeding fifty dollars, in addition to disbursements. Where provision is not specially made in this article for the award of costs, they may be denied, or awarded to or against either party, as justice requires.
N.Y. Real Prop. Acts. Law § 1131
Section 1141 - Property; when restored
The possession of real property, which has been awarded to the petitioner as prescribed in this article, upon the presumption of the death of the person upon whose life the prior estate depends, must be restored, by the order of the court, to the person evicted, or to his heirs or legal representatives, upon the petition of the latter and proof, to the satisfaction of the court, that the person presumed to be dead is living. The proceedings upon such an application are the same as prescribed in this article upon the application of the person to whom possession is awarded.
N.Y. Real Prop. Acts. Law § 1141
Section 1142 - Remedy of person evicted for rents and profits
A person evicted as prescribed in this article may, if the presumption upon which he is evicted is erroneous, maintain an action against the person who has occupied the property, or his executor or administrator, to recover the rents and profits of the property, during the occupation, while the person upon whose life the prior estate depends is or was living.
N.Y. Real Prop. Acts. Law § 1142
Section 1143 - Order not conclusive in ejectment
A final order made as prescribed in this article, awarding to the petitioner the possession of real property is presumptive evidence only, in an action of ejectment brought against him by the person evicted, or in an action brought as prescribed in section 1142, of the life or death of the person, upon whose life the prior estate depends.
N.Y. Real Prop. Acts. Law § 1143
Article 12 - OTHER ACTIONS AND PROCEEDINGS BETWEEN CO-OWNERS OR OWNERS OF SUCCESSIVE INTERESTS
Section 1201 - Action by joint tenant or tenant in common; may maintain action against co-tenant
A joint tenant or a tenant in common of real property, or his executor or administrator, may maintain an action to recover his just proportion against his co-tenant who has received more than his own just proportion, or against his executor or administrator.
N.Y. Real Prop. Acts. Law § 1201
Section 1211 - Action by joint tenant, tenant in common or tenant by the entirety for extinguishment of missing co-tenant's estate upon deposit of its value1. Where real property is held by two or more persons in their own right as tenants in common, joint tenants or tenants by the entirety and one of such tenants is missing under circumstances which afford reasonable ground to believe that he is dead, the other tenants or tenant may maintain an action in the supreme court to obtain a determination of the value of the estate of the missing co-tenant and a judgment extinguishing the estate of the missing co-tenant upon payment into court for his credit of the amount so determined to be the value of his estate.
Persons known or unknown who are or may be the devisees or distributees of a missing co-tenant may be joined as defendants in such action.
N.Y. Real Prop. Acts. Law § 1211
N.Y. Real Prop. Acts. Law § 1221
Article 13 - ACTION TO FORECLOSE A MORTGAGE
Section 1301 - Separate action for mortgage debt1. Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage debt, an action shall not be commenced or maintained to foreclose the mortgage, unless an execution against the property of the defendant has been issued upon the judgment to the sheriff of the county where he resides, if he resides within the state, or if he resides without the state, to the sheriff of the county where the judgment-roll is filed; and has been returned wholly or partly unsatisfied.2. The complaint shall state whether any other action has been brought to recover any part of the mortgage debt, and, if so, whether any part has been collected.3. While the action is pending or after final judgment for the plaintiff therein, no other action shall be commenced or maintained to recover any part of the mortgage debt, including an action to foreclose the mortgage, without leave of the court in which the former action was brought. The procurement of such leave shall be a condition precedent to the commencement of such other action and the failure to procure such leave shall be a defense to such other action. For purposes of this subdivision, in the event such other action is commenced without leave of the court, the former action shall be deemed discontinued upon the commencement of the other action, unless prior to the entry of a final judgment in such other action, a defendant raises the failure to comply with this condition precedent therein, or seeks dismissal thereof based upon a ground set forth in paragraph four of subdivision (a) of rule thirty-two hundred eleven of the civil practice law and rules. This subdivision shall not be treated as a stay or statutory prohibition for purposes of calculating the time within which an action shall be commenced and the claim interposed pursuant to sections two hundred four and two hundred thirteen of the civil practice law and rules.4. If an action to foreclose a mortgage or recover any part of the mortgage debt is adjudicated to be barred by the applicable statute of limitations, any other action seeking to foreclose the mortgage or recover any part of the same mortgage debt shall also be barred by the statute of limitations.
N.Y. Real Prop. Acts. Law § 1301