New York § 1944 Hearing and final order upon non-appearance of adverse claimants

New York Statutes

§ 1944 — Hearing and final order upon non-appearance of adverse claimants

New York § 1944

Law RPAReal Property Actions & Proceedings

Art. 19Discharge or Extinguishment of Encumbrances, Claims and Interests

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Bluebook

N.Y. Real Property Actions & Proceedings § 1944 (2026).

Text

  § 1944. Hearing and final order upon non-appearance of adverse\nclaimants. Upon the return day named in said notice the court shall\nproceed summarily to inquire into the truth of the matters set forth in\nthe petition, and may appoint a referee for that purpose, and if there\nshall be no appearance by any person claiming any adverse interest to\nthe petitioners in the real property described in the petition, the\ncourt may make a final order declaring that the title of the petitioner\nto such real property has been judicially established, which final\norder, together with the petition and order for and proof of publication\nof the notice, and the proofs taken before the court or referee shall be\nfiled in the office of the clerk of the county in which the real\nproperty is situated, and

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§ 1944. Hearing and final order upon non-appearance of adverse\nclaimants. Upon the return day named in said notice the court shall\nproceed summarily to inquire into the truth of the matters set forth in\nthe petition, and may appoint a referee for that purpose, and if there\nshall be no appearance by any person claiming any adverse interest to\nthe petitioners in the real property described in the petition, the\ncourt may make a final order declaring that the title of the petitioner\nto such real property has been judicially established, which final\norder, together with the petition and order for and proof of publication\nof the notice, and the proofs taken before the court or referee shall be\nfiled in the office of the clerk of the county in which the real\nproperty is situated, and such final order shall be evidence of the\nfacts so declared to be established thereby in all courts and places,\nand thereafter no action or proceeding for the recovery of the real\nproperty described in said final order or any part thereof, or of any\ninterest therein, shall be maintained by any person named as a defendant\nin the notice of pendency of action referred to in section 1941, or by\nany person or persons claiming under such defendant or either of them.\n