§ 1519 — Proceedings

New York § 1519

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

Text

§ 1519. Proceedings. 1. In an action maintained under this article,\nthe proceedings shall be governed by the provisions regulating civil\nactions, except as otherwise provided in this article.\n 2. When service of the summons on any defendant is made by\npublication, the order for such service shall direct that any papers\nrequired by such order to be mailed to such defendant shall be sent by\nregistered mail, and when such mailing is required shall also direct\nthat an affidavit, by or on behalf of the plaintiff, be filed stating\nthat such papers were mailed as required by such order.\n 3. Whenever a claim of right to immediate possession is in issue, the\nperson in possession shall be presumed to have the right to such\npossession, but such presumption may be rebutted.\n 4. Where any party claims the real property in question, or any part\nthereof, by virtue of an estate in reversion or in remainder, whether\nvested or contingent, and the verdict, report, or decision finds that he\nhas such an estate, it must specify the time when, or the contingency\nupon which, he will be entitled to possession.\n 5. Where the complaint demands, as provided in subdivision 3 of\nsection 1515 of this article, that the defendant's dower be admeasured,\nand the defendant does not, by her answer, set forth facts showing that\nshe is entitled to a greater right of dower, or another estate or\ninterest in the property, than that admitted by the plaintiff, and\ndemand judgment therefor, as if she were the plaintiff in an action for\ndower, the court must render an interlocutory judgment, directing her\ndower to be admeasured, with or without damages for its detention, as in\nan action for dower. The subsequent proceedings shall be the same, as if\nthe defendant had, as plaintiff, recovered an interlocutory judgment in\nan action for dower.\n