2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 231 - Sale; Notice Of; When and How Conducted.

§  231.  Sale;  notice  of;  when and how conducted. 1. A sale of real
property made in pursuance of a judgment affecting the title to, or  the
possession,  enjoyment  or  use  of,  real  property, shall be at public
auction to the highest bidder.
2. (a) Notice of such sale shall be given by the officer making it  by
publishing  a  notice  of  the  time and place of the sale, containing a
description of the property to be sold, in a newspaper published in  the
county  in  which  the  property  is located, or, if there is none, in a
newspaper published in an  adjoining  county,  unless  the  property  is
situated  wholly  or  partly in a city, or in an incorporated village in
which a daily, semi-weekly or tri-weekly newspaper is published, and, in
that case, by publishing notice of the sale in such a daily, semi-weekly
or tri-weekly paper, except that where such real property is located  in
a  county  within  the  city  of New York such publication shall be in a
daily newspaper published within such  county,  or  in  a  weekly  paper
published  in a city or in such incorporated village. If the property be
situated in a city, or a village in  which  no  newspaper  is  published
daily,  semi-weekly  or  tri-weekly,  and  there be an adjoining city or
village in  the  same  or  another  county,  in  which  a  newspaper  is
published,   daily,  semi-weekly  or  tri-weekly,  such  notice  may  be
published in such daily, semi-weekly  or  tri-weekly  newspaper  of  the
latter  city  or  village or in a weekly newspaper of such city. In each
case, publication may be either once in each week  for  four  successive
weeks  or  at  least  twice  in  each  week  for  three successive weeks
perceding the original date fixed for the sale. If  the  publication  is
for  three  weeks, such sale shall take place on any day on or after the
twenty-first day and on or before the twenty-eighth day after the day of
the first publication; and if the publication is  for  four  weeks  such
sale  shall  take place on any day on or after the twenty-eighth day and
on  or  before  the  thirty-fifth  day  after  the  day  of  the   first
publication.    Any  period  of seven successive days shall constitute a
week under this section.
(b) Where the property  is  situated  wholly  outside  a  city  or  an
incorporated   village   referred   to   in  subparagraph  (a)  of  this
subdivision, notice of such sale shall also be given by posting  a  copy
of  the notice of sale at least twenty-eight days preceding the original
date fixed for the sale in three public places in the town in which  the
property  is  located, and, if the sale is to be held in another town or
in a city, in three public places therein.
3. If the officer appointed to make such sale does not appear  at  the
time  and  place  where such sale has been advertised to take place, the
attorney for the plaintiff may postpone or  adjourn  such  sale  not  to
exceed  four weeks, during which time such attorney may make application
to the court to have another person appointed to make such sale.  Notice
of postponement of the sale shall be posted at least three days prior to
the postponed date in the same places as the  original  notice  of  sale
when  posting  of the notice of sale is required, and shall be published
once at least three days prior to the postponed date in the newspaper in
which the notice of sale was originally published.
4. The terms of the sale shall be made known at the sale, and  if  the
property  or  any  part  thereof  is  to be sold subject to the right of
dower, charge or lien, that fact shall be declared at the  time  of  the
sale.
5.  If  the property consists of two or more distinct buildings, farms
or lots, they shall be sold separately, unless otherwise ordered by  the
court;  but  where  two  or more buildings are situated in the same city
lot, they shall be sold together.
6. At any time within one year after the sale, but not thereafter, the
court, upon such terms as may be  just,  may  set  the  sale  aside  for
failure  to comply with the provisions of this section as to the notice,
time or manner of such sale if  a  substantial  right  of  a  party  was
prejudiced by the defect.