§ 1515 — Complaint

New York § 1515

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 15: Action to Compel the Determination of a Claim to Real Property

Text

§ 1515. Complaint. 1. The complaint must state that the action is\nbrought pursuant to this article and must set forth facts showing:\n a. The plaintiff's estate or interest in the real property, the\nparticular nature of such estate or interest, and the source from or\nmeans by which the plaintiff's estate or interest immediately accrued to\nhim; and if his estate or interest therein is for a term of years, that\nthe balance remaining of such term of years is not less than five.\n b. That the defendant claims, or that it appears from the public\nrecords or from the allegations of the complaint, that the defendant\nmight claim an estate or interest in the real property, adverse to that\nof the plaintiff, and the particular nature of such estate or interest.\nWhere the people of the state of New York are made a party defendant, as\nprovided in this article, the summons and complaint must be served upon\nthe attorney-general who must appear in behalf of the people, and the\ncomplaint shall set forth detailed facts showing the particular nature\nof the estate or interest and the reason for making the people a party\ndefendant. Upon failure to state such facts, the complaint shall be\ndismissed as to the people of the state of New York.\n c. Whether any defendant is known or unknown, and whether any\ndefendant is or might be an infant, have a developmental disability or\nmental illness, or abuse alcohol.\n d. Whether the judgment will or might affect a person or persons not\nin being or ascertained at the commencement of the action, who by any\ncontingency contained in a devise or grant or otherwise, could afterward\nbecome entitled to a beneficial estate or interest in the property\ninvolved; and whether every person in being who would have been entitled\nto such estate or interest if such event had happened immediately before\nthe commencement of the action is named as a party thereto.\n 2. The complaint must describe the property claimed with common\ncertainty, by setting forth the name of the township or tract and the\nnumber of the lot, if there is any, or in some other appropriate manner,\nso that from the description possession of the property claimed may be\ndelivered where the plaintiff is entitled thereto, and may contain an\nallegation that no personal claim is made against any defendant other\nthan a defendant who shall assert a claim adverse to the claim of the\nplaintiff set forth in the complaint. The demand for judgment may be to\nthe effect that the defendant and every person claiming under him be\nbarred from all claim to an estate or interest in the property described\nin the complaint, or that possession be awarded the plaintiff, or it may\ncombine two or more of said demands with other demand for appropriate\nrelief.\n 3. In an action brought as specified in subdivision 3 of section 1501,\nif the complaint admits the defendant's right of dower in the property\ndescribed therein, or in any part thereof, it must demand judgment that\nher dower be admeasured.\n