New York § 1105 Service of order; powers of court or referee

New York Statutes

§ 1105 — Service of order; powers of court or referee

New York § 1105

Law RPAReal Property Actions & Proceedings

Art. 11Proceeding to Discover the Death of a Tenant For Life

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Bluebook

N.Y. Real Property Actions & Proceedings § 1105 (2026).

Text

  § 1105. Service of order; powers of court or referee. Where an order\nrequiring the production of the tenant for life, or proof that he is\nliving, is made as prescribed in section 1104, a certified copy thereof\nmust be served, at least fourteen days before the time therein\nspecified, upon the person required to make the production or proof, or\nupon his attorney. Upon presentation of proof of service, by affidavit,\nthe court or the referee must, at the time and place specified in the\norder, or at the time and place to which the hearing may be adjourned,\nhear the allegations and proofs of the parties, respecting the identity\nof any person produced, with the person whose death is in question or,\nif the latter person is not produced, respecting the reasons for the\nfailure to produc

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§ 1105. Service of order; powers of court or referee. Where an order\nrequiring the production of the tenant for life, or proof that he is\nliving, is made as prescribed in section 1104, a certified copy thereof\nmust be served, at least fourteen days before the time therein\nspecified, upon the person required to make the production or proof, or\nupon his attorney. Upon presentation of proof of service, by affidavit,\nthe court or the referee must, at the time and place specified in the\norder, or at the time and place to which the hearing may be adjourned,\nhear the allegations and proofs of the parties, respecting the identity\nof any person produced, with the person whose death is in question or,\nif the latter person is not produced, respecting the reasons for the\nfailure to produce him, and whether he is living. Where a referee is\nappointed, he has the same powers, and is entitled to the same\ncompensation, as a referee appointed for the trial of an issue in a\ncivil action in a court of record.\n