New York § 928 Effect of judgment after actual partition

New York Statutes

§ 928 — Effect of judgment after actual partition

New York § 928

Law RPAReal Property Actions & Proceedings

Art. 9Action For Partition

This text of New York § 928 (Effect of judgment after actual partition) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Real Property Actions & Proceedings § 928 (2026).

Text

  § 928. Effect of judgment after actual partition. A final judgment\nafter actual partition is binding and conclusive upon the following\npersons, except parties and persons claiming under them whose rights and\ninterests are expressly left unaffected:\n  1. The plaintiff; each defendant upon whom the summons was served,\neither personally or without the state or by publication; and his legal\nrepresentatives.\n  2. Each person claiming from, through or under such a party, by title\naccruing after the filing of the judgment-roll, or after the filing in\nthe proper county clerk's office of a notice of the pendency of the\naction.\n  3. Each person not in being when the interlocutory judgment is\nrendered who, by the happening of any contingency becomes afterwards\nentitled to a beneficial 

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§ 928. Effect of judgment after actual partition. A final judgment\nafter actual partition is binding and conclusive upon the following\npersons, except parties and persons claiming under them whose rights and\ninterests are expressly left unaffected:\n 1. The plaintiff; each defendant upon whom the summons was served,\neither personally or without the state or by publication; and his legal\nrepresentatives.\n 2. Each person claiming from, through or under such a party, by title\naccruing after the filing of the judgment-roll, or after the filing in\nthe proper county clerk's office of a notice of the pendency of the\naction.\n 3. Each person not in being when the interlocutory judgment is\nrendered who, by the happening of any contingency becomes afterwards\nentitled to a beneficial interest attaching to, or an estate or interest\nin, a portion of the property, the person first entitled to which, or\nother virtual representative whereof, was a party specified in the first\nsubdivision of this section.\n