reglab/statecodes huggingface dataset:
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1002 - Action Barred by Assignment of Dower.

§  1002.  Action  barred  by  assignment of dower. The acceptance by a
  widow of an assignment of dower in satisfaction of her  claim  upon  the
  property  in question bars an action for dower and may be pleaded by any
  defendant.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1011 - Necessary Defendants.

§  1011.  Necessary  defendants.  Where the property in which dower is
  claimed  is  actually  occupied,  the  occupant  thereof  must  be  made
  defendant in the action. Where it is not so occupied, the action must be
  brought  against  some person exercising acts of ownership thereupon, or
  claiming title thereto, or an interest  therein,  at  the  time  of  the
  commencement of the action.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1012 - Who May Be Joined as Defendants.

§  1012.  Who  may  be joined as defendants. 1. In either of the cases
  specified in section 1011, any other person claiming title  to,  or  the
  right  to the possession of, the real property in which dower is claimed
  may be joined as defendant in the action.
2. The people of the state of New York may be made a  party  defendant
  in an action for dower where the people of the state of New York have an
  interest  in  or  a  lien  upon  the lands affected thereby, in the same
  manner as a private person. In such a case the summons  must  be  served
  upon the attorney-general, who must appear in behalf of the people.  But
  where the people of the state of New York are made a party defendant, as
  herein provided, the complaint shall set forth, in addition to the other
  matters  required,  detailed  facts showing the particular nature of the
  interest in or the lien on the said real property of the people  of  the
  state  of  New  York  and  the  reason  for  making  the  people a party
  defendant.  Upon failure to state such  facts  the  complaint  shall  be
  dismissed as to the people of the state of New York.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1013 - Actions Where Defendants Claim in Severalty.

§  1013.  Actions where defendants claim in severalty. In an action to
  recover dower, in a distinct  parcel  of  real  property  of  which  the
  plaintiff's  husband  died  seized, or in all the real property which he
  aliened by one conveyance, all the persons in possession of, or claiming
  title to, the property, or any part thereof,  may  be  made  defendants,
  although  they  possess  or claim title to different portions thereof in
  severalty.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1021 - Damages May Be Recovered; How Estimated.

§  1021.  Damages  may  be  recovered;  how  estimated.  Where a widow
  recovers, in an action therefor, dower in property, of which her husband
  died seized, she may also recover,  in  the  same  action,  damages  for
  withholding her dower, to the amount of one-third of the annual value of
  the  mesne profits of the property, with interest; to be computed, where
  the action is against the heir, from her husband's death, or,  where  it
  is  against  any other person, from the time when she demanded her dower
  of the defendant; and in each  case,  to  the  time  of  the  trial,  or
  application  for  judgment,  as  the  case may be; but not exceeding six
  years in the whole. The damages shall not include any thing for the  use
  of permanent improvements, made after the death of the husband.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1022 - Damages in Action Against Alienee of Husband.

§  1022.  Damages  in action against alienee of husband. Where a widow
  recovers dower, in a case not specified in section 1021,  she  may  also
  recover,  in  the  same action, damages for withholding her dower, to be
  computed from the commencement of the action; but they shall not include
  any thing for the use of permanent improvements, made since the property
  was aliened by her husband. In all other  respects,  the  same  must  be
  computed as prescribed in section 1021.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1023 - Damages Where Several Parcels Are Affected.

§  1023. Damages where several parcels are affected. Sections 1021 and
  1022 do not authorize the recovery, against a defendant  who  is  joined
  with  others,  of  damages  for withholding dower, in any portion of the
  property not occupied or claimed by him.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1024 - Damages Apportioned Between Heir and Alienee.

§  1024.  Damages  apportioned between heir and alienee. Where a widow
  recovers dower in real property aliened by the heir of her husband,  she
  may  recover,  in  a  separate  action  against  him,  her  damages  for
  withholding her dower, from the time of the death of her husband to  the
  time  of  the  alienation, not exceeding six years in the whole. The sum
  recovered from him must  be  deducted  from  the  sum  which  she  would
  otherwise be entitled to recover from the grantee; and any sum recovered
  as  damages  from  the grantee, must be deducted from the sum, which she
  would otherwise be entitled to recover from the heir.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1025 - Damages Against Grantee of Premises Subject to Dower.

§  1025. Damages against grantee of premises subject to dower.  If the
  defendant, in an action for dower, aliens the real property in  question
  after  the  filing  of  a  notice of pendency of action and an execution
  against him for the plaintiff's damages is  returned  wholly  or  partly
  unsatisfied,  an  action  may be maintained by the plaintiff against any
  person who has been in possession of the property under the  defendant's
  conveyance,  to  recover  the  unsatisfied portion of the damages, for a
  time not exceeding that during which he possessed the property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1031 - Complaint.

§  1031. Complaint. The complaint in an action for dower must describe
  the property claimed with common certainty, by setting forth the name of
  the township or tract and the number of the lot, if there is any, or  in
  some  other appropriate manner, so that from the description, possession
  of the property claimed may be delivered where the plaintiff is entitled
  thereto, and must set forth the name of the plaintiff's husband.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1041 - Interlocutory Judgment for Admeasurement.

§  1041.  Interlocutory  judgment  for admeasurement. If the defendant
  makes default in appearing or pleading or if the right of the  plaintiff
  to  dower  is  not  disputed  by  the  answer,  or if it appears, by the
  verdict, report, or  decision  upon  a  trial,  that  the  plaintiff  is
  entitled  to  dower  in  the real property described in the complaint an
  interlocutory judgment must  be  rendered  which,  except  as  otherwise
  prescribed  in  this  article, must direct that the plaintiff's dower in
  the property, particularly describing it, be admeasured  by  a  referee,
  designated  in  the  judgment,  or  by three reputable and disinterested
  freeholders, designated therein, as commissioners for that purpose.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1043 - Dower, How Admeasured.

§  1043.  Dower, how admeasured. The referee or the commissioners must
  execute their duties in the following manner:
1. They must, if it is practicable, and, in  their  opinion,  for  the
  best  interests  of all the parties concerned, admeasure and lay off, as
  speedily as possible, as the dower of the plaintiff, a distinct  parcel,
  constituting  the  one-third part of the real property of which dower is
  to be admeasured, designating the part so laid off by posts, stones,  or
  other permanent monuments.
2.  In making the admeasurement, they must take into consideration any
  permanent improvements, made upon the real property, after the death  of
  the plaintiff's husband, or after the alienation thereof by him; and, if
  practicable, those improvements must be awarded within the part not laid
  off  to  the plaintiff; or, if it is not practicable so to award them, a
  deduction must be  made  from  the  part  laid  off  to  the  plaintiff,
  proportionate to the benefit which she will derive from so much of those
  improvements, as is included in the part laid off to her.
3.  If  it is not practicable, or if, in the opinion of the referee or
  commissioners, it is not for the  best  interests  of  all  the  parties
  concerned,  to  admeasure and lay off to the plaintiff a distinct parcel
  of the property, as prescribed in the  foregoing  subdivisions  of  this
  section, they must report that fact to the court.
4.  They  may employ a surveyor, with the necessary assistants, to aid
  in the admeasurement.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1044 - Report Thereupon.

§  1044. Report thereupon. All the commissioners must meet together in
  the performance of any of their duties; but the acts of  a  majority  so
  met are valid. The referee, or the commissioners, or a majority of them,
  must  make  a  full  report of their proceedings, specifying therein the
  manner in which they have discharged their  trust,  with  the  items  of
  their  charges,  and  a particular description of the portion admeasured
  and laid off to the plaintiff;  or,  if  they  report  that  it  is  not
  practicable,  or,  in their opinion, it is not for the best interests of
  all the parties concerned, to admeasure and lay off a distinct parcel of
  the property of which dower is to be admeasured,  they  must  state  the
  reasons  for that opinion and all the facts relating thereto. The report
  must be acknowledged or proved, and certified, in like manner as a  deed
  to be recorded, and must be filed in the office of the clerk.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1045 - Setting Aside Report.

§ 1045. Setting aside report. Upon the application of any party to the
  action,  and  upon good cause shown, the court may set aside the report,
  and, if necessary, may appoint new commissioners, or a new referee,  who
  must proceed, as prescribed in this article, with respect to those first
  appointed.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1051 - Fees and Expenses.

§ 1051. Fees and expenses. The fees and expenses of the commissioners,
  or  of  the referee, including the expense of a survey, when it is made,
  must be taxed under the direction of the court; and the  amount  thereof
  must  be paid by the plaintiff, and allowed to her, upon the taxation of
  her costs.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1052 - Fees of Surveyor or Commissioner in Action for Dower.

§  1052.  Fees  of  surveyor  or  commissioner  in action for dower. A
  surveyor, employed as prescribed by law, in an action for dower,  or  to
  determine  dower,  is entitled to five dollars for each day actually and
  necessarily occupied in surveying, laying out, marking, or mapping  land
  therein.  Each assistant so employed is entitled to two dollars for each
  day actually and necessarily occupied in serving  under  the  surveyor's
  direction. Each commissioner appointed as prescribed by law to admeasure
  dower  is  entitled  to five dollars for each day's actual and necessary
  service.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1061 - Final Judgment.

§  1061. Final judgment. Upon the report being confirmed by the court,
  final judgment must be rendered. If the referee  or  commissioners  have
  admeasured  and  laid  off  to  the  plaintiff  a distinct parcel of the
  property, the judgment must award to her, during her natural  life,  the
  possession  of that parcel, describing it, subject to the payment of all
  taxes, assessments, and other  charges,  accruing  thereupon  after  she
  takes  possession.  If  the referee or the commissioners report, that is
  not practicable, or that, in his or their opinion, it  is  not  for  the
  best interests of all the parties concerned, so to admeasure and lay off
  a  distinct parcel of the property, the final judgment must direct, that
  a sum, fixed by the court, and specified therein, equal to one-third  of
  the  rental value of the real property, as ascertained by a reference or
  otherwise, be paid to the plaintiff, annually or oftener, as directed in
  the judgment, during her natural life, for her dower  in  the  property;
  and  that  the  sum  so  to  be  paid,  be  and remain a charge upon the
  property, during her natural life. The final  judgment  may  also  award
  damages for the withholding of dower.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1062 - Plaintiff May Recover Sum Awarded; Court May Modify Judgment.

§  1062. Plaintiff may recover sum awarded; court may modify judgment.
  The plaintiff may, from time to time, maintain  an  action  against  the
  owner,  or  a  person  who was the owner of the property, to recover any
  instalment of the sum, so awarded to her for her dower, which became due
  during his ownership, and remains unpaid. Or, if an  instalment  remains
  due  and  unpaid,  she  may  maintain an action to procure a sale of the
  property, and enforce the payment of the instalments, due and to  become
  due,  out  of the proceeds of the sale. Such an action must be conducted
  as if the charge upon the real property  was  a  mortgage  to  the  same
  effect.    If,  at  any time, it is made to appear to the court that the
  rental  value  of  the  real  property  has  materially   increased   or
  diminished,  the  court  may, by an order, to be made upon notice to all
  the persons interested, modify  the  final  judgment  by  increasing  or
  diminishing the sum to be paid to the plaintiff.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1063 - Junior Incumbrances; Not Affected by Admeasurement.

§  1063.  Junior incumbrances; not affected by admeasurement.  Where a
  portion of the property is admeasured and laid off to the  plaintiff  as
  her  dower,  a  lien which is inferior to the plaintiff's right of dower
  attaches, during the life of the plaintiff, to the residue,  or  to  the
  portion  or  share  of  the  residue  which was subject to it, as if the
  portion laid off to the plaintiff had not been a part of the property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1064 - Appeal Not to Stay Execution if Undertaking Is Given.

§  1064.  Appeal  not  to  stay  execution if undertaking is given. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1071 - Plaintiff May Consent to Receive a Gross Sum.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1072 - Defendant May Consent to Pay It; Proceedings Thereupon.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1073 - Interlocutory Judgment for Sale.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1074 - Direction That a Part Be Laid Off.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1075 - Liens to Be Ascertained.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1076 - Satisfaction or Protection of Lien.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1077 - Payment of Taxes, Assessments and Water Rates Out of Proceeds.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1078 - Report of Sale.

§  1078.  Report  of  sale.  Immediately after completing the sale and
  executing the proper conveyance to the purchaser, the officer making the
  sale must make and file with the clerk a  report  thereof,  showing  the
  name  of  the  purchaser  and the purchase-price paid by him, or, if the
  property was sold in parcels, the name of each purchaser and  the  price
  and  a description of the parcel sold to him, the sums which the officer
  has paid out of the proceeds of the sale, pursuant to the  interlocutory
  judgment,  the  purpose  for which each payment was made, the amount and
  items of his fees and expenses, and the  net  amount  of  the  proceeds,
  after deducting the payments.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1079 - Final Judgment Upon Confirming Sale.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1081 - Certain Provisions Made Applicable.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1091 - Action to Recover Property by Revisioner or Remainderman, After Determination of Particular Estate.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 10 - Action for Dower › 1093 - Collusive Recovery Not to Prejudice Infant.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1101 - Petition for Production of Tenant for Life.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1102 - Contents of Petition.

§  1102.  Contents  of  petition.  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1103 - Service of Petition and Notice.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1104 - Proceedings Upon Presentation of Petition.

§   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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1105 - Service of Order; Powers of Court or Referee.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1106 - Habeas Corpus.

§   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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1107 - Report of Referee.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1111 - Dismissal of Petition When Order Complied With.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1112 - When Life Tenant Deemed Dead and Petitioner Let Into Possession.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1121 - Commission to Be Issued if Life Tenant Is Without the State.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1122 - General Provisions Respecting the Commission.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1123 - Petitioner to Give Notice of Its Execution.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1124 - Execution Thereof.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1125 - Proceedings on Return of Commission.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1131 - Costs.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1141 - Property; When Restored.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1142 - Remedy of Person Evicted for Rents and Profits.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 11 - Proceeding to Discover the Death of a Tenant for Life › 1143 - Order Not Conclusive in Ejectment.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 12 - Other Actions and Proceedings Between Co-Owners or Owners of Successive Interests › 1201 - Action by Joint Tenant or Tenant in Common; May Maintain Action Against Co-Tenant.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 13 - Action to Foreclose a Mortgage › 1301 - Separate Action for Mortgage Debt.

§ 1301. Separate action for mortgage debt. 1. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 13 - Action to Foreclose a Mortgage › 1302 - Foreclosure of Certain Residential Mortgages.

§ 1302. Foreclosure of certain residential mortgages. 1. Any complaint
served  in  a  proceeding initiated on a residential mortgage covering a
one to four family dwelling pursuant to this  article  must  contain  an
affirmative allegation that at the time the proceeding is commenced, the
plaintiff:
(a)  is  the owner and holder of the subject mortgage and note, or has
been delegated the authority to institute a mortgage foreclosure  action
by the owner and holder of the subject mortgage and note; and
(b)  has  complied  with all of the provisions of section five hundred
ninety-five-a  of  the  banking  law  and  any  rules  and   regulations
promulgated  thereunder,  and section six-l or six-m of the banking law,
for loans governed by section six-l or six-m of  the  banking  law,  and
section  thirteen  hundred  four  of  this  article  for all residential
mortgage loans covering a one to four family dwelling.
2. It shall be a defense to an action to foreclose a mortgage that the
terms of the home  loan  or  the  actions  of  the  lender  violate  any
provision  of  section  six-l  or  six-m  of  the banking law or section
thirteen hundred four of this  article,  for  loans  governed  by  these
provisions.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 13 - Action to Foreclose a Mortgage › 1302-A - Defense of Lack of Standing; Not Waived.

§ 1302-a. Defense of lack of standing; not waived. Notwithstanding the
  provisions  of  subdivision (e) of rule thirty-two hundred eleven of the
  civil practice law and rules, any objection  or  defense  based  on  the
  plaintiff's  lack  of  standing in a foreclosure proceeding related to a
  home loan, as defined in paragraph (a) of  subdivision  six  of  section
  thirteen  hundred  four  of  this  article,  shall  not  be  waived if a
  defendant fails to raise  the  objection  or  defense  in  a  responsive
  pleading  or  pre-answer motion to dismiss. A defendant may not raise an
  objection or defense of lack of standing following a  foreclosure  sale,
  however,  unless  the  judgment  of foreclosure and sale was issued upon
  defendant's default.