New York § 1075 Liens to be ascertained

New York Statutes

§ 1075 — Liens to be ascertained

New York § 1075

Law RPAReal Property Actions & Proceedings

Art. 10Action For Dower

This text of New York § 1075 (Liens to be ascertained) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Real Property Actions & Proceedings § 1075 (2026).

Text

  § 1075. Liens to be ascertained. Before an interlocutory judgment is\nrendered for the sale of the property, the court must direct a reference\nto ascertain whether any person not a party, has a lien upon the\nproperty, or any part thereof.  But the court may direct or dispense\nwith such reference, in its discretion, where a party produces a search,\ncertified by the clerk, or by the clerk and register as the case\nrequires, of the county where the property is situated and it appears\ntherefrom, and by the affidavits, if any, produced therewith, that there\nis no such outstanding lien.  Except as otherwise expressly prescribed\nin this article, the proceedings upon and subsequent to the reference\nmust be the same as prescribed by law where a reference is made in an\naction for partitio

Free access — add to your briefcase to read the full text and ask questions with AI

§ 1075. Liens to be ascertained. Before an interlocutory judgment is\nrendered for the sale of the property, the court must direct a reference\nto ascertain whether any person not a party, has a lien upon the\nproperty, or any part thereof. But the court may direct or dispense\nwith such reference, in its discretion, where a party produces a search,\ncertified by the clerk, or by the clerk and register as the case\nrequires, of the county where the property is situated and it appears\ntherefrom, and by the affidavits, if any, produced therewith, that there\nis no such outstanding lien. Except as otherwise expressly prescribed\nin this article, the proceedings upon and subsequent to the reference\nmust be the same as prescribed by law where a reference is made in an\naction for partition to ascertain whether there is a creditor not a\nparty who has a lien on the share or interest of a party.\n