New York § 405 Possession

New York Statutes

§ 405 — Possession

New York § 405

Law EDPEminent Domain Procedure

Art. 4Vesting; Possession; Abandonment

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Bluebook

N.Y. Eminent Domain Procedure § 405 (2026).

Text

§ 405. Possession.

(A)If the condemnor has a right to possession of\nreal property as provided for in this law, and the condemnor shall deem\nit necessary to cause the removal of a condemnee or other occupant it\nmay cause such condemnee or other occupant to be removed therefrom and\npossession to be delivered to it, pursuant to the procedures of landlord\nand tenant law, or by application to the supreme court in which the\nproceeding is pending for a writ of assistance for possession or\npursuant to other law, except that no condemnee shall be required to\nsurrender possession prior to the condemnor's payment to him of its\nadvance payment or the deposit of such amount in accordance with article\nthree of this law, unless the condemnee has not complied with section\nthree hundred two o

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§ 405. Possession. (A) If the condemnor has a right to possession of\nreal property as provided for in this law, and the condemnor shall deem\nit necessary to cause the removal of a condemnee or other occupant it\nmay cause such condemnee or other occupant to be removed therefrom and\npossession to be delivered to it, pursuant to the procedures of landlord\nand tenant law, or by application to the supreme court in which the\nproceeding is pending for a writ of assistance for possession or\npursuant to other law, except that no condemnee shall be required to\nsurrender possession prior to the condemnor's payment to him of its\nadvance payment or the deposit of such amount in accordance with article\nthree of this law, unless the condemnee has not complied with section\nthree hundred two of this law.\n (B) No execution shall include costs in a dispossess proceeding.\nProceedings may be brought separately against one or more of the\ncondemnees or other occupants of a property, or one proceeding may be\nbrought against all or several of the condemnees or other occupants of\nany or all property within the territorial jurisdiction of the court.\n