NY Real Prop Actions L § 1521 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 15 - Action to Compel the Determination of a Claim to Real Property 1521 - Judgment.

§  1521.  Judgment.  1. Final judgment in the action shall declare the   validity of any claim to any estate or interest established by any party   to the action. The judgment shall also  declare  that  any  party  whose   claim  to  an  estate  or  interest  in  the  property has been adjudged   invalid, and every person claiming under him, by  title  accruing  after   the filing of the judgment-roll, or of the notice of the pendency of the   action,  as  prescribed  by  law,  be forever barred from asserting such   claim to an estate or interest the invalidity of which is established in   the action, and may direct that any instrument purporting to create  any   such  estate  or  interest  be delivered up or cancelled of record or be   reformed of record as the facts may require. Judgment may also be  given   awarding  possession  of  real  property  to any party together with his   damages for the withholding of such property and two  or  more  of  such   forms of judgment may be awarded in the same action.2.  If one of the parties to the action is the people of the state and   the judgment adversely affects the  title,  interest  or  claim  of  the   people  of  the  state  based  upon  a tax deed, the judgment shall also   provide in effect as follows:a. That the people of the state of New York shall  have  a  lien  upon   such real property or part thereof described in such tax deed, prior and   superior  to all other liens, (1) 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; (2) 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; (3) for the amount of all taxes, fees and  charges   admitted  or  paid  by the people 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 people of the state of New York shall   reduce the lien of the people 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;b. That the people of the state of New York 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.The remedy provided by this subdivision for recovery of  tax  payments   shall  be  in addition to any other remedy now or hereafter available in   law or in equity.3. If a judgment described in subdivision 1 or subdivision 2 is  taken   upon  the  defendant's  default  in  appearing or pleading, it shall not   award costs to either party, unless  it  be  taken  upon  a  default  in   answering  after  the decision of a motion addressed to the complaint. A   defendant against whom no personal claim is made in the complaint  shall   not be entitled to costs unless awarded by the court when such defendant   asserts  in  his answer and establishes a claim in said lands adverse to   the claim of the plaintiff in said action.4. Where a verdict, report, or decision is rendered, as prescribed  by   subdivision  4  of  section  1519, final judgment to that effect must be   rendered accordingly, without damages. In such a case, an execution  for   the  delivery  of  the possession of the property may be issued upon the   judgment; but only by the special order  of  the  court,  made  upon  an   application  by  the defendant, or a person claiming under him, and upon    satisfactory proof that the time has arrived when,  or  the  contingency   has  happened upon which, the applicant is entitled to possession by the   terms of the judgment.5.  Where  the  judgment  directs  that an instrument be delivered up,   cancelled or reformed of record, or that real property be  conveyed,  if   the  direction  is disobeyed, the court, by order, besides punishing the   disobedience as a contempt, may require the sheriff to take, and deposit   or deliver, the instrument or to convey the real property, or to perform   the required acts in conformity with the direction of the court.