State Codes and Statutes

Statutes > New-york > Rpa > Article-12 > 1221

§ 1221. Action to sell preemptive rights against the city of New York.  1. In all cases where several persons are the owners, or claim to be the  owners  of  any  real estate or chattels real lying within the bounds of  the city of New York, having different estates,  or  estates  in  common  therein,  in possession, remainder, or reversion, and which such persons  shall, by virtue of such ownership,  or  claim  to  such  ownership,  be  entitled, or claim to be entitled, by law to a preemptive right to have,  take,  or  demand  the  grant or lease of any other land, or easement in  land, from such city, the supreme court shall have power, and such court  is hereby vested with full power and authority, on  the  application  of  either  of  such owners, or of such city, to decree an absolute sale and  conveyance of such right of preemption, and to make such disposition  of  the  net  moneys  arising from such sale, after the payment of the costs  and expenses of the proceedings, as shall be just and proper,  according  to the rights and interests of such several owners.    2.  Whenever any owner shall reside in the city of New York, notice of  such intended application shall be served personally on such  owner,  or  by  leaving  the same at his dwelling-house with some person of suitable  age and discretion at least twenty days before such application is made;  and in all cases where such owner shall reside  out  of  such  city  and  within any of the United States, and such place of residence be known to  the  applicant,  such  notice shall be served by mail, addressed to such  owner at his place of residence,  at  least  three  months  before  such  application is made. Proof of such service by affidavit shall be made to  the  court before any order of sale shall be made. Any of the parties to  such suit may become the purchaser on such sale.    3. In all cases where any owner shall be an infant, a  guardian  shall  be  appointed  for  such  infant,  who shall give the like security, and  possess the like powers, and discharge the like duties as in  cases  for  the partition of lands.    4.  Such  sale  shall be made and conducted on like notice by the like  officer, and in the same manner and form as sales of real estate on  the  foreclosure  of a mortgage by virtue of a decree or order of such court,  and a deed of conveyance for such right  of  preemption  shall  in  like  manner be executed and delivered to the purchaser, which deed shall vest  in the purchaser absolutely all the claim, right, title, and interest of  the  owner  of such right of preemption, and every of them, of, in or to  such right of preemption thus sold and  conveyed;  provided  always,  in  every  case  the applicant shall give six weeks' previous notice of such  intended application if the owners entitled by law  to  such  preemption  right  are  residents,  and six months' previous notice of such intended  application if the owners entitled by law to such preemption  right  are  non-residents   of   the   state,   by   publication  for  three  months  successively, twice in each week, in two of the daily  papers  published  in  such  city  prior  to  such application to the court for an order of  sale; and provided also, that the court shall  be  satisfied  that  such  order  of  sale  shall  not  interfere  with  or  impair  the obligation  contained in any lease or contract made by such  city  to  or  with  any  person or persons whatsoever.    5.  Whenever  a  right  of  dower,  whether  inchoate or consummate, a  tenancy by curtesy, or any other estate for life or for years shall have  existed in the preemptive rights so sold and conveyed, the owner of such  particular estate in the rights sold is entitled  to  receive  from  the  moneys arising from such sale either a sum in gross or the earnings of a  sum  invested  for his benefit. The determination as to whether a sum in  gross or the earnings of a sum invested shall be awarded to the owner of  such particular estate shall be governed by the  provisions  of  section  968 with respect to the proceeds of a sale in partition.

State Codes and Statutes

Statutes > New-york > Rpa > Article-12 > 1221

§ 1221. Action to sell preemptive rights against the city of New York.  1. In all cases where several persons are the owners, or claim to be the  owners  of  any  real estate or chattels real lying within the bounds of  the city of New York, having different estates,  or  estates  in  common  therein,  in possession, remainder, or reversion, and which such persons  shall, by virtue of such ownership,  or  claim  to  such  ownership,  be  entitled, or claim to be entitled, by law to a preemptive right to have,  take,  or  demand  the  grant or lease of any other land, or easement in  land, from such city, the supreme court shall have power, and such court  is hereby vested with full power and authority, on  the  application  of  either  of  such owners, or of such city, to decree an absolute sale and  conveyance of such right of preemption, and to make such disposition  of  the  net  moneys  arising from such sale, after the payment of the costs  and expenses of the proceedings, as shall be just and proper,  according  to the rights and interests of such several owners.    2.  Whenever any owner shall reside in the city of New York, notice of  such intended application shall be served personally on such  owner,  or  by  leaving  the same at his dwelling-house with some person of suitable  age and discretion at least twenty days before such application is made;  and in all cases where such owner shall reside  out  of  such  city  and  within any of the United States, and such place of residence be known to  the  applicant,  such  notice shall be served by mail, addressed to such  owner at his place of residence,  at  least  three  months  before  such  application is made. Proof of such service by affidavit shall be made to  the  court before any order of sale shall be made. Any of the parties to  such suit may become the purchaser on such sale.    3. In all cases where any owner shall be an infant, a  guardian  shall  be  appointed  for  such  infant,  who shall give the like security, and  possess the like powers, and discharge the like duties as in  cases  for  the partition of lands.    4.  Such  sale  shall be made and conducted on like notice by the like  officer, and in the same manner and form as sales of real estate on  the  foreclosure  of a mortgage by virtue of a decree or order of such court,  and a deed of conveyance for such right  of  preemption  shall  in  like  manner be executed and delivered to the purchaser, which deed shall vest  in the purchaser absolutely all the claim, right, title, and interest of  the  owner  of such right of preemption, and every of them, of, in or to  such right of preemption thus sold and  conveyed;  provided  always,  in  every  case  the applicant shall give six weeks' previous notice of such  intended application if the owners entitled by law  to  such  preemption  right  are  residents,  and six months' previous notice of such intended  application if the owners entitled by law to such preemption  right  are  non-residents   of   the   state,   by   publication  for  three  months  successively, twice in each week, in two of the daily  papers  published  in  such  city  prior  to  such application to the court for an order of  sale; and provided also, that the court shall  be  satisfied  that  such  order  of  sale  shall  not  interfere  with  or  impair  the obligation  contained in any lease or contract made by such  city  to  or  with  any  person or persons whatsoever.    5.  Whenever  a  right  of  dower,  whether  inchoate or consummate, a  tenancy by curtesy, or any other estate for life or for years shall have  existed in the preemptive rights so sold and conveyed, the owner of such  particular estate in the rights sold is entitled  to  receive  from  the  moneys arising from such sale either a sum in gross or the earnings of a  sum  invested  for his benefit. The determination as to whether a sum in  gross or the earnings of a sum invested shall be awarded to the owner of  such particular estate shall be governed by the  provisions  of  section  968 with respect to the proceeds of a sale in partition.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-12 > 1221

§ 1221. Action to sell preemptive rights against the city of New York.  1. In all cases where several persons are the owners, or claim to be the  owners  of  any  real estate or chattels real lying within the bounds of  the city of New York, having different estates,  or  estates  in  common  therein,  in possession, remainder, or reversion, and which such persons  shall, by virtue of such ownership,  or  claim  to  such  ownership,  be  entitled, or claim to be entitled, by law to a preemptive right to have,  take,  or  demand  the  grant or lease of any other land, or easement in  land, from such city, the supreme court shall have power, and such court  is hereby vested with full power and authority, on  the  application  of  either  of  such owners, or of such city, to decree an absolute sale and  conveyance of such right of preemption, and to make such disposition  of  the  net  moneys  arising from such sale, after the payment of the costs  and expenses of the proceedings, as shall be just and proper,  according  to the rights and interests of such several owners.    2.  Whenever any owner shall reside in the city of New York, notice of  such intended application shall be served personally on such  owner,  or  by  leaving  the same at his dwelling-house with some person of suitable  age and discretion at least twenty days before such application is made;  and in all cases where such owner shall reside  out  of  such  city  and  within any of the United States, and such place of residence be known to  the  applicant,  such  notice shall be served by mail, addressed to such  owner at his place of residence,  at  least  three  months  before  such  application is made. Proof of such service by affidavit shall be made to  the  court before any order of sale shall be made. Any of the parties to  such suit may become the purchaser on such sale.    3. In all cases where any owner shall be an infant, a  guardian  shall  be  appointed  for  such  infant,  who shall give the like security, and  possess the like powers, and discharge the like duties as in  cases  for  the partition of lands.    4.  Such  sale  shall be made and conducted on like notice by the like  officer, and in the same manner and form as sales of real estate on  the  foreclosure  of a mortgage by virtue of a decree or order of such court,  and a deed of conveyance for such right  of  preemption  shall  in  like  manner be executed and delivered to the purchaser, which deed shall vest  in the purchaser absolutely all the claim, right, title, and interest of  the  owner  of such right of preemption, and every of them, of, in or to  such right of preemption thus sold and  conveyed;  provided  always,  in  every  case  the applicant shall give six weeks' previous notice of such  intended application if the owners entitled by law  to  such  preemption  right  are  residents,  and six months' previous notice of such intended  application if the owners entitled by law to such preemption  right  are  non-residents   of   the   state,   by   publication  for  three  months  successively, twice in each week, in two of the daily  papers  published  in  such  city  prior  to  such application to the court for an order of  sale; and provided also, that the court shall  be  satisfied  that  such  order  of  sale  shall  not  interfere  with  or  impair  the obligation  contained in any lease or contract made by such  city  to  or  with  any  person or persons whatsoever.    5.  Whenever  a  right  of  dower,  whether  inchoate or consummate, a  tenancy by curtesy, or any other estate for life or for years shall have  existed in the preemptive rights so sold and conveyed, the owner of such  particular estate in the rights sold is entitled  to  receive  from  the  moneys arising from such sale either a sum in gross or the earnings of a  sum  invested  for his benefit. The determination as to whether a sum in  gross or the earnings of a sum invested shall be awarded to the owner of  such particular estate shall be governed by the  provisions  of  section  968 with respect to the proceeds of a sale in partition.