New York § 1072 Defendant may consent to pay it; proceedings thereupon

New York Statutes

§ 1072 — Defendant may consent to pay it; proceedings thereupon

New York § 1072

Law RPAReal Property Actions & Proceedings

Art. 10Action For Dower

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Bluebook

N.Y. Real Property Actions & Proceedings § 1072 (2026).

Text

  § 1072. Defendant may consent to pay it; proceedings thereupon.  At\nany time after a consent is filed, as prescribed in section 1071, and\nbefore an interlocutory judgment is rendered, any defendant may apply to\nthe court, upon notice, for an order granting him leave to pay such a\ngross sum. Thereupon the court may, in its discretion, and upon such\nterms as justice requires, ascertain the value of the plaintiff's right\nof dower in the property, by a reference or otherwise, and make an order\ndirecting payment by the applicant of the sum so ascertained, within a\ntime fixed by the order, not exceeding sixty days after service of a\ncopy thereof and directing the execution by the plaintiff of a release\nof her right of dower, upon receipt of the money. Obedience to the order\nmay be e

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§ 1072. Defendant may consent to pay it; proceedings thereupon. At\nany time after a consent is filed, as prescribed in section 1071, and\nbefore an interlocutory judgment is rendered, any defendant may apply to\nthe court, upon notice, for an order granting him leave to pay such a\ngross sum. Thereupon the court may, in its discretion, and upon such\nterms as justice requires, ascertain the value of the plaintiff's right\nof dower in the property, by a reference or otherwise, and make an order\ndirecting payment by the applicant of the sum so ascertained, within a\ntime fixed by the order, not exceeding sixty days after service of a\ncopy thereof and directing the execution by the plaintiff of a release\nof her right of dower, upon receipt of the money. Obedience to the order\nmay be enforced, either by punishment for contempt, or by striking out\nthe pleading of the offending party and rendering judgment against him\nor her, in both modes.\n