2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 13 - Action to Foreclose a Mortgage › 1351 - Judgment of Sale.

§  1351.  Judgment  of  sale.  1.  The  judgment shall direct that the
  mortgaged premises, or so much thereof as may be sufficient to discharge
  the mortgage debt, the expenses of the sale and the costs of the action,
  and which may be sold separately without material injury to the  parties
  interested,  be  sold  by  or  under the direction of the sheriff of the
  county, or a referee within ninety days of the date of the judgment. The
  judgment shall also  include  the  name  and  telephone  number  of  the
  mortgage  servicer for a plaintiff involving a mortgage foreclosure of a
  one- to four-family residential property.
2. Where the mortgage debt is not all due, and the mortgaged  property
  is so circumstanced that it can be sold in parcels without injury to the
  interests  of  the parties, the final judgment shall direct that no more
  of the property be sold in the first place than is sufficient to satisfy
  the sum then due, with the costs of the action and expenses of the sale.
  Upon a subsequent default in the payment of principal  or  interest  the
  plaintiff  may  apply for an order directing the sale of the residue, or
  of so much thereof as is necessary to satisfy the amount then due,  with
  the costs of the application and the expenses of the sale. The plaintiff
  may apply for and obtain such an order as often as a default happens. If
  it  appears  that the mortgaged property is so circumstanced that a sale
  of the whole will be most beneficial to the parties, the final  judgment
  may  direct  that  the whole property be sold discharged from the entire
  mortgage debt and that the proceeds of the  sale,  after  deducting  the
  costs  of  the action and the expenses of the sale, be either applied to
  the satisfaction of the whole sum secured by the mortgage, with  such  a
  rebate  of  interest  as  justice  requires;  or be first applied to the
  payment of the sum due, and the  balance,  or  so  much  thereof  as  is
  necessary,  be invested at interest for the benefit of the plaintiff, to
  be paid to him from time to  time  as  any  part  of  the  principal  or
  interest  becomes  due,  or  may, at the option of the mortgagee, direct
  that the whole property be sold to satisfy the debt then  due  with  the
  costs  of the action and expenses of the sale, subject to the continuing
  lien of the mortgage for the amount of the debt not then due and  unpaid
  according  to  its terms. The provisions of this section shall not limit
  or affect the plaintiff's right  to  judgment  and  sale  in  an  action
  specified in section 1315.
3. If it appears to the satisfaction of the court that there exists no
  more than one other mortgage on the premisis which is then due and which
  is  subordinate  only  to  the  plaintiff's  mortgage but is entitled to
  priority over all other liens and encumbrances except those described in
  subdivision 2 of section  1354,  upon  motion  of  the  holder  of  such
  mortgage  made  without  valid  objection  of any other party, the final
  judgement may direct payment of the subordinate mortgage debt  from  the
  proceeds in accordance with subdivision 3 of section 1354.