NY Real Prop Actions L § 1501 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 15 - Action to Compel the Determination of a Claim to Real Property 1501 - Who May Maintain an Action.

§ 1501. Who may maintain an action. 1. Where a person claims an estate   or interest in real property; or where he claims such estate or interest   as  executor or administrator of a deceased person; or where a municipal   corporation has purchased an estate or interest in real  property  at  a   sale  conducted by it for unpaid taxes against the property and the time   within which redemption from such sale may be made has expired and  such   municipal  corporation  claims it; such person or municipal corporation,   as the case may be, may maintain an action  against  any  other  person,   known   or  unknown,  including  one  under  disability  as  hereinafter   specified, to compel the determination of any claim adverse to  that  of   the  plaintiff  which  the defendant makes, or which it appears from the   public records, or from the allegations of the complaint, the  defendant   might make; provided, however, that where the estate or interest claimed   by  the  plaintiff  is  for  a  term  of  years,  the  action may not be   maintained unless the balance remaining of such term  of  years  is  not   less than five.2.  Such  action  may be maintained, even though the defendant's claim   appears to be invalid on its face, or the court may  have  to  determine   the death of a person, or any statutory limitation of time, or any other   question of fact or law upon which an adjudication of the adverse claims   of the parties may depend.3.  An action against a woman who claims a right of dower in the whole   or a part of the property cannot be commenced until  the  expiration  of   four months after the death of defendant's husband.4.  Where  the  period allowed by the applicable statute of limitation   for the commencement of an action to foreclose a mortgage, or to enforce   a vendor's lien, has expired, any person having an estate or interest in   the real property subject to such encumbrance  may  maintain  an  action   against  any  other  person  or persons, known or unknown, including one   under disability as hereinafter specified, to  secure  the  cancellation   and  discharge  of record of such encumbrance, and to adjudge the estate   or interest of the plaintiff in such real property to be free therefrom;   provided, however, that no such action shall be maintainable in any case   where the mortgagee, holder of the vendor's lien, or  the  successor  of   either  of  them shall be in possession of the affected real property at   the time of the commencement of the action. In any action brought  under   this  section  it  shall  be  immaterial whether the debt upon which the   mortgage or lien was based has, or has not, been paid; and also  whether   the  mortgage in question was, or was not, given to secure a part of the   purchase price.5. The interest had by  any  mortgagee  or  contract  vendee  of  real   property  or  by  any  successor  in  interest  of either of them, is an   "interest in real property" as that phrase is used in  this  article  of   the real property actions and proceedings law.