reglab/statecodes huggingface dataset:
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 861 - Action for Cutting, Removing, Injuring or Destroying Trees or Timber, and Damaging Lands Thereon.

§  861.  Action for cutting, removing, injuring or destroying trees or
  timber, and damaging lands  thereon.  1.  If  any  person,  without  the
  consent  of  the  owner  thereof, cuts, removes, injures or destroys, or
  causes to be cut, removed, injured or destroyed, any underwood, tree  or
  timber  on the land of another or on the common or other land of a city,
  village, town or county, or damages the land in the course  thereof,  an
  action  may  be  maintained  against such person for treble the stumpage
  value of the tree or timber or two hundred fifty dollars  per  tree,  or
  both  and for any permanent and substantial damage caused to the land or
  the improvements thereon as a result of such violation. Such reparations
  shall be of such kind, nature and extent as will reasonably restore  the
  lands  affected  by  the violation to their condition immediately before
  the violation and may be made by  physical  restoration  of  such  lands
  and/or by the assessment of monetary payment to make such restoration.
2.  In any action brought pursuant to subdivision one of this section,
  if the defendant establishes by clear and convincing evidence, that when
  the defendant committed the violation, he or she had  cause  to  believe
  the  land was his or her own, or that he or she had an easement or right
  of way across such land which permitted such action, or he or she had  a
  legal right to harvest such land, then he or she shall be liable for the
  stumpage  value  or  two  hundred  fifty  dollars  per tree, or both and
  reasonable costs associated with maintaining an action pursuant to  this
  section.  In  such  case,  the  defendant  shall  also be liable for any
  permanent and substantial damage caused to the land or the  improvements
  thereon as a result of such violation. Such reparations shall be of such
  kind, nature and extent as will reasonably restore the lands affected by
  the  violation  to  their condition immediately before the violation and
  may be made  by  physical  restoration  of  such  lands  and/or  by  the
  assessment of monetary payment to make such restoration.
3.  For  the  purposes of this section "stumpage value" shall mean the
  current fair market value of a tree as it stands prior to  the  time  of
  sale,  cutting, or removal. Stumpage value shall be determined by one or
  more of the following  methods:  the  sale  price  of  the  tree  in  an
  arm's-length sale, a review of solicited bids, the stumpage price report
  prepared  by  the  department  of environmental conservation, comparison
  with like sales on trees on state or private lands, or other appropriate
  means to assure that a  fair  market  value  is  established  within  an
  acceptable range based on the appropriate geographic area.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 871 - Action for the Removal of Encroaching Structures.

§  871. Action for the removal of encroaching structures. 1. An action
  may be maintained by the owner of  any  legal  estate  in  land  for  an
  injunction  directing  the  removal  of  a structure encroaching on such
  land. Nothing herein contained shall be construed as limiting the  power
  of  the  court in such an action to award damages in an appropriate case
  in lieu of an injunction or to render such other judgment as  the  facts
  may justify.
2.  This  section shall not be deemed to repeal or modify any existing
  statute or local law relating to encroaching structures.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 881 - Access to Adjoining Property to Make Improvements or Repairs.

§  881.  Access to adjoining property to make improvements or repairs.
  When an owner or lessee seeks to make improvements or  repairs  to  real
  property so situated that such improvements or repairs cannot be made by
  the  owner or lessee without entering the premises of an adjoining owner
  or his lessee, and permission so to enter has been refused, the owner or
  lessee seeking to make such  improvements  or  repairs  may  commence  a
  special proceeding for a license so to enter pursuant to article four of
  the  civil  practice law and rules. The petition and affidavits, if any,
  shall state the facts making such entry necessary and the date or  dates
  on  which entry is sought. Such license shall be granted by the court in
  an appropriate case upon such terms as justice  requires.  The  licensee
  shall  be liable to the adjoining owner or his lessee for actual damages
  occurring as a result of the entry.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 901 - By Whom Maintainable.

§  901. By whom maintainable. 1. A person holding and in possession of
  real property as joint tenant or tenant in common, in which  he  has  an
  estate of inheritance, or for life, or for years, may maintain an action
  for  the  partition of the property, and for a sale if it appears that a
  partition cannot be made without great prejudice to the owners.
2. A person holding a future estate  as  defined  in  sections  forty,
  forty-a  or  forty-b  of  the  real property law or a reversion as joint
  tenant or tenant in common may maintain an action for the  partition  of
  the  real  property  to  which  it attaches, according to his respective
  share, subject to the interest of  the  person  holding  the  particular
  estate,  but  no  sale  of  the premises in such an action shall be made
  except with the consent in writing, to be  acknowledged  or  proved  and
  certified  in like manner as a deed to be recorded, of the person owning
  and holding such particular estate.  If partition or sale cannot be made
  without great prejudice to the owners, the complaint shall be dismissed;
  dismissal shall not affect the right of any party to bring a new  action
  after the determination of such particular estate.
3. A person entitled as a joint tenant or a tenant in common by reason
  of  his  being an heir of a person who died holding and in possession of
  real property, may maintain an action for partition, whether he is in or
  out of possession, notwithstanding an apparent devise to another by  the
  decedent,  and  possession  under  such  a  devise.  The plaintiff shall
  establish that the apparent devise is void.
4. In the event the estate of a decedent is the owner of an estate  in
  common  in  real  property,  the  executor  or administrator may bring a
  partition action or intervene in a pending partition action on behalf of
  the estate if, upon application duly made, the surrogate approves.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 903 - Necessary Defendants.

§  903.  Necessary  defendants. Each of the following persons shall be
  made a party to the action:
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; and
6. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 904 - Permissible Defendants.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 905 - Complaint.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 907 - Trial of Title or Interest.

§  907.  Trial  of  title or interest. 1. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 911 - Ascertainment of Rights of Parties Before Interlocutory Judgment on Default or Admission or Where Party Is an Infant, Absentee or Unknown Defendant.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 913 - Inquiry as to Creditors.

§  913.  Inquiry  as to creditors. 1. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 915 - Interlocutory Judgment.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 916 - Interlocutory Judgment Directing Partial Partition.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 917 - Interlocutory Judgment Directing Partition in Common.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 918 - Interlocutory Judgment Directing Sale or Exception of Lien or Dower Interest.

§  918.  Interlocutory judgment directing sale or exception of lien or
  dower interest. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 921 - Actual Partition.

§  921.  Actual  partition.  1.  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 922 - Meeting of Commissioners; Report of Actual Partition; Confirming or Setting Aside Report.

§   922.   Meeting  of  commissioners;  report  of  actual  partition;
  confirming or setting aside report. 1. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 923 - Security for Credit on Sale.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 925 - Report of Sale; Confirmation.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 927 - Contents of Judgment After Actual Partition.

§   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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 928 - Effect of Judgment After Actual Partition.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 929 - Lien of Creditor Upon Share Partitioned.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 931 - Contents of Judgment After Sale.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 933 - Effect of Judgment After Sale.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 941 - Judgment as to Parties Having Interest in Entire Property.

§  941. Judgment as to parties having interest in entire property.  If
  a tenant by the curtesy or for life or for years of the entire property,
  or a person entitled to a contingent or vested remainder or reversion in
  the entire property, or a creditor, or other person, having  a  lien  or
  interest  which  attaches to the entire property, be made a defendant in
  the action, the final judgment either may award  to  such  a  party  his
  entire  right  and interest, or the proceeds thereof, or where the right
  or interest is contingent, direct that the proceeds or share thereof  be
  substituted  for the property and invested for whoever may eventually be
  entitled thereto, or may reserve and  leave  unaffected  his  right  and
  interest, or any portion thereof.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 943 - Judgment Directing Compensation to Equalize Partition.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 945 - Judgment Adjusting Rents and Profits.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 947 - Judgment Affecting State Tax Claim.

§  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.
The remedy provided by this section for recovery of tax payments shall
  be in addition to any other remedy now or hereafter available in law  or
  in equity.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 961 - Disposition of Proceeds of Sale.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 962 - Payment of Proceeds Into Court Where There Are Liens.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 963 - Payment of Proceeds Out of Court Where There Are Liens.

§  963.  Payment  of  proceeds out of court where there are liens.  1.
  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 964 - Payment of Proceeds Into Court in Cases Involving Decedent's Property.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 965 - Payment of Proceeds Out of Court in Cases Involving Decedent's Property.

§  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:
1. Notice of motion to the executors or administrators of the decedent
  and  the furnishing of an undertaking that the moving party will pay any
  and all claims, not exceeding the amount paid into court, when  required
  by  order  of  the court or by order of the surrogate of the surrogate's
  court in a proceeding to mortgage, lease or sell the  real  property  of
  such  decedent; except that where a final accounting has been had in the
  estate of such decedent in a surrogate's court, and certified copies  of
  the  account  and  decree  of  final settlement, showing that all of the
  debts of the decedent have been paid in full, is filed  with  the  court
  having  jurisdiction  of  the  fund,  the  court  may  dispense with the
  furnishing of an undertaking; or
2. The furnishing of the certificate of the surrogate of the county of
  which any such decedent was a resident at the time of his death, showing
  that  eighteen  months  have  elapsed  since  the  issuing  of   letters
  testamentary  or letters of administration, as the case may be, upon the
  estate of said decedent, and that no proceedings for the mortgage, lease
  or sale of the real property of such decedent for  the  payment  of  his
  debts  or  funeral expenses, or both, is pending, and the certificate of
  the county clerk of the county where the real property  sold  under  the
  interlocutory judgment is located, showing that no notice of pendency of
  action  in  respect  to such real property has been filed in his office.
  The certificate of the surrogate required herein may be executed in  the
  name  of  the  surrogate by the clerk of the surrogate's court under the
  seal of the court.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 966 - Payment of Proceeds Directly to Parties in Cases Involving Decedent's Property.

§  966.  Payment  of  proceeds  directly to parties in cases involving
  decedent's property. Where the property has been sold free from the lien
  of debts and the court is furnished with the certificates  described  in
  subdivision 2 of section 965, the final judgment shall direct payment of
  the proceeds of sale to such parties as are entitled thereto.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 967 - Payment of Proceeds to Owner of Particular or Future Estate.

§  967. Payment of proceeds to owner of particular or future estate. A
  party who has a right of dower, or is a tenant for life or for years, in
  or of an undivided share of the property sold, or has an inchoate  right
  of  dower  or any other future right or estate, vested or contingent, or
  any person not in being who by any contingency may  become  entitled  to
  any  interest  or  estate  in  the  property sold, is entitled to have a
  proportion of the proceeds of the sale invested, secured or  paid  over,
  in  such  manner as the court deems calculated to protect the rights and
  interests of the parties.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 968 - Manner of Payment of Proceeds to Owner of Particular or Future Estate.

§  968. Manner of payment of proceeds to owner of particular or future
  estate. Whenever the  whole  or  a  part  of  the  proceeds  of  a  sale
  represents  the interest of a particular estate, and also represents one
  or more other interests  subsequent  thereto,  the  power  to  determine
  whether   the   owner   of  the  particular  estate  shall  receive,  in
  satisfaction of his estate or interest, a sum in gross or shall  receive
  the  earnings,  as  they  accrue,  of  a sum invested for his benefit in
  permanent securities at interest, rests in the discretion of the  court,
  except  that  if  all  parties  affected shall have agreed either to the
  payment of a sum in gross or the investment of the  proceeds  the  court
  shall,  by  order, give effect to such agreement. The application of the
  owner of any such particular estate for the award  of  a  sum  in  gross
  shall  be  granted  unless the court finds that unreasonable hardship is
  likely to be caused thereby to the owner of some other interest  in  the
  affected  real property. The application for the award of a sum in gross
  by the owner of some interest in the affected real property  other  than
  the  owner  of the particular estate shall be granted if the court finds
  that  the  granting  of  such  application  is   equitable   under   the
  circumstances.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 970 - Shares of Unknown or Absent Owner.

§ 970. Shares of unknown or absent owner. Where a person has been made
  a  defendant  as  an unknown person, or where the name of a defendant is
  unknown, or where the summons has been served upon a  defendant  without
  the  state or by publication, and he has not appeared in the action, the
  court shall direct his portion to be paid into  court  and  invested  in
  permanent  securities at interest, for his benefit, until claimed by him
  or his legal representatives.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 971 - Security for Refund.

§  971. Security for refund. The court, in its discretion, may require
  any person, before he receives his portion of the proceeds of  the  sale
  to  give  such  security  as  it  directs,  to  the state, or the county
  treasurer, who shall hold it for the use  and  benefit  of  the  persons
  interested,  or  to  such  parties or other persons as it prescribes, to
  refund the same, or a portion thereof, with interest, if  it  thereafter
  appears that he was not entitled thereto.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 973 - Report of Disposition of Proceeds.

§  973. Report of disposition of proceeds. Within sixty days after the
  entry of final judgment, unless such time be extended by an order of the
  court entered in the office of the clerk within  said  sixty  days,  the
  officer  making the sale shall file with the clerk his report under oath
  of the disposition of the proceeds  of  the  sale,  accompanied  by  the
  vouchers of the persons to whom payments were ordered to be made.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 981 - Costs and Expenses.

§  981. Costs and expenses. 1. The final judgment for the partition of
  the property must also award that each defendant pay  to  the  plaintiff
  his  proportion  of  the  plaintiff's  costs,  including  the additional
  allowance. The sum to be paid  by  each  must  be  fixed  by  the  court
  according  to the respective rights of the parties, and specified in the
  judgment.
2. If a defendant is unknown, his proportion of  the  costs  shall  be
  fixed  and  specified  in  like  manner. An execution against an unknown
  defendant may be issued to collect the costs awarded against him  as  if
  he  were  named in the judgment; and his right, share or interest in the
  property may be sold by virtue thereof  as  if  he  were  named  in  the
  execution.
3.  Where  final  judgment confirming a sale is rendered, the costs of
  each party to the action and the expenses of  the  sale,  including  the
  officer's  fees,  shall  be  deducted  from the proceeds of the sale and
  distributed as the court shall order. But the court, in its  discretion,
  may  direct that the costs and expenses of any trial, reference or other
  proceeding in the action be paid out of the share of any  party  in  the
  proceeds,  or  may  render  judgment against any party therefor. Where a
  proportion of the proceeds is to be paid to or invested for the  benefit
  of  any  person,  as  prescribed  in  any provision of this article, the
  amount thereof must be determined by the residue of the entire  proceeds
  remaining  after  deducting  the  costs  and expenses chargeable against
  them.
4. The officer making the sale shall pay out of the  proceeds,  unless
  the  judgment otherwise directs, 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.
5. After actual partition, the fees and expenses of the commissioners,
  including  the expense of a survey when it is made, shall be taxed under
  the direction of the court, and the amount thereof shall be paid by  the
  plaintiff and allowed as part of his costs.
6.  Fees of surveyor or commissioner in action for partition. The fees
  of a surveyor and a surveyor's assistant, employed as prescribed by  law
  in  an  action  for  partition,  and  of  a  commissioner  appointed  as
  prescribed by law to make partition, shall be the same as those provided
  by section 1052 of this chapter for services rendered in an  action  for
  dower.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 991 - Proceeding for Share of Unknown Heirs; Presumption of Death; Service.

§  991.  Proceeding  for share of unknown heirs; presumption of death;
  service.  1. Where a portion of the proceeds of the sale  is  paid  into
  court  for unknown heirs and is unclaimed by any person entitled thereto
  for twenty-five years after such payment the unknown heirs are  presumed
  to  have  been dead at the time of the sale. A special proceeding may be
  commenced for the distribution of such proceeds to the persons  entitled
  thereto.
2.  The  notice  of  petition  and  petition  shall be served upon the
  unknown heirs or their representatives, the known heirs, their  next  of
  kin, representatives or distributees, and all persons interested in such
  proceeds.  Service shall be made at least twenty days before the time at
  which the petition is noticed to be heard. Each  of  the  known  persons
  within  the state, and the comptroller of the state if any proceeds have
  been paid over to him by a county treasurer, shall be served personally.
  All other persons shall be served  in  the  manner  prescribed  for  the
  service by publication of a summons.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 9 - Action for Partition › 992 - Judgment in Proceeding for Share of Unknown Heirs.

§  992.  Judgment  in  proceeding for share of unknown heirs.  Unknown
  heirs or their representatives not appearing shall be  barred  from  any
  interest and the court shall render a judgment that the interest of such
  unknown  heirs  was  vested in the known heirs of the ancestor from whom
  the unknown heirs derived title and that the proceeds  be  paid  out  of
  court to the persons entitled thereto.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1001 - Limitation of Action for Dower.

§ 1001. Limitation of action for dower. 1. An action for dower must be
  commenced by a widow within two years after the death of her husband, if
  the husband dies on or after April 6, 1954.
2.  If the husband died before April 6, 1954, an action for dower must
  be commenced by his widow within two years from April 6,  1954.  If  the
  widow  had,  on April 6, 1954, less than two years under existing law in
  which to bring an action  for  dower,  the  time  so  remaining  is  not
  enlarged  by this section. Nothing herein contained shall revive a cause
  of action barred on April 6, 1954.