§ 1521 — Judgment

New York § 1521

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

Text

§ 1521. Judgment. 1. Final judgment in the action shall declare the\nvalidity of any claim to any estate or interest established by any party\nto the action. The judgment shall also declare that any party whose\nclaim to an estate or interest in the property has been adjudged\ninvalid, and every person claiming under him, by title accruing after\nthe filing of the judgment-roll, or of the notice of the pendency of the\naction, as prescribed by law, be forever barred from asserting such\nclaim to an estate or interest the invalidity of which is established in\nthe action, and may direct that any instrument purporting to create any\nsuch estate or interest be delivered up or cancelled of record or be\nreformed of record as the facts may require. Judgment may also be given\nawarding possession of real property to any party together with his\ndamages for the withholding of such property and two or more of such\nforms of judgment may be awarded in the same action.\n 2. If one of the parties to the action is the people of the state and\nthe judgment adversely affects the title, interest or claim of the\npeople of the state based upon a tax deed, the judgment shall also\nprovide in effect as follows:\n a. That the people of the state of New York shall have a lien upon\nsuch real property or part thereof described in such tax deed, prior and\nsuperior to all other liens, (1) for the amount of the unpaid taxes not\nadjudged illegal in such action for which such real property was sold or\nliable to be sold in the first instance and for which such tax deed was\nissued, together with fees, charges and interest; (2) for the amount of\nthe unpaid taxes not adjudged illegal in such action for which such real\nproperty was subsequently sold or liable to be sold, together with fees,\ncharges and interest; (3) for the amount of all taxes, fees and charges\nadmitted or paid by the people upon such real property to the date of\nthe entry of such judgment, together with interest thereon from the date\nof such admission or payment. In the determination of the amount of such\nlien, establishment of payments of taxes on said land by the adjudged or\nadmitted owner of the property during any of the same years in which\npayments were also made by the people of the state of New York shall\nreduce the lien of the people by the larger of the two tax payments for\neach of the years affected by duplicate payments, and in the event that\nwholly identical areas are not affected by the duplicate payments the\ncourt shall have power to apportion and adjust the amount of the lien as\nequity may require;\n b. That the people of the state of New York may foreclose such lien as\na mortgage on real property is foreclosed, provided such lien remains\nunpaid after the expiration of one year from the entry of such judgment.\n The remedy provided by this subdivision for recovery of tax payments\nshall be in addition to any other remedy now or hereafter available in\nlaw or in equity.\n 3. If a judgment described in subdivision 1 or subdivision 2 is taken\nupon the defendant's default in appearing or pleading, it shall not\naward costs to either party, unless it be taken upon a default in\nanswering after the decision of a motion addressed to the complaint. A\ndefendant against whom no personal claim is made in the complaint shall\nnot be entitled to costs unless awarded by the court when such defendant\nasserts in his answer and establishes a claim in said lands adverse to\nthe claim of the plaintiff in said action.\n 4. Where a verdict, report, or decision is rendered, as prescribed by\nsubdivision 4 of section 1519, final judgment to that effect must be\nrendered accordingly, without damages. In such a case, an execution for\nthe delivery of the possession of the property may be issued upon the\njudgment; but only by the special order of the court, made upon an\napplication by the defendant, or a person claiming under him, and upon\nsatisfactory proof that the time has arrived when, or the contingency\nhas happened upon which, the applicant is entitled to possession by the\nterms of the judgment.\n 5. Where the judgment directs that an instrument be delivered up,\ncancelled or reformed of record, or that real property be conveyed, if\nthe direction is disobeyed, the court, by order, besides punishing the\ndisobedience as a contempt, may require the sheriff to take, and deposit\nor deliver, the instrument or to convey the real property, or to perform\nthe required acts in conformity with the direction of the court.\n