State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1515

§  1515.  Complaint.  1.  The  complaint must state that the action is  brought pursuant to this article and must set forth facts showing:    a. The plaintiff's estate  or  interest  in  the  real  property,  the  particular  nature  of  such  estate or interest, and the source from or  means by which the plaintiff's estate or interest immediately accrued to  him; and if his estate or interest therein is for a term of years,  that  the balance remaining of such term of years is not less than five.    b.  That  the  defendant  claims,  or  that it appears from the public  records or from the allegations of the  complaint,  that  the  defendant  might  claim an estate or interest in the real property, adverse to that  of the plaintiff, and the particular nature of such estate or  interest.  Where the people of the state of New York are made a party defendant, as  provided  in this article, the summons and complaint must be served upon  the attorney-general who must appear in behalf of the  people,  and  the  complaint  shall  set forth detailed facts showing the particular nature  of the estate or interest and the reason for making the people  a  party  defendant.  Upon  failure  to  state  such facts, the complaint shall be  dismissed as to the people of the state of New York.    c. Whether  any  defendant  is  known  or  unknown,  and  whether  any  defendant  is  or might be an infant, mentally retarded, mentally ill or  an alcohol abuser.    d. Whether the judgment will or might affect a person or  persons  not  in  being  or  ascertained at the commencement of the action, who by any  contingency contained in a devise or grant or otherwise, could afterward  become entitled to a beneficial  estate  or  interest  in  the  property  involved; and whether every person in being who would have been entitled  to such estate or interest if such event had happened immediately before  the commencement of the action is named as a party thereto.    2.  The  complaint  must  describe  the  property  claimed with common  certainty, by setting forth the name of the township or  tract  and  the  number of the lot, if there is any, or in some other appropriate manner,  so  that  from the description possession of the property claimed may be  delivered where the plaintiff is entitled thereto, and  may  contain  an  allegation  that  no  personal claim is made against any defendant other  than a defendant who shall assert a claim adverse to the  claim  of  the  plaintiff  set forth in the complaint. The demand for judgment may be to  the effect that the defendant and every person  claiming  under  him  be  barred from all claim to an estate or interest in the property described  in the complaint, or that possession be awarded the plaintiff, or it may  combine  two  or  more of said demands with other demand for appropriate  relief.    3. In an action brought as specified in subdivision 3 of section 1501,  if the complaint admits the defendant's right of dower in  the  property  described  therein, or in any part thereof, it must demand judgment that  her dower be admeasured.

State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1515

§  1515.  Complaint.  1.  The  complaint must state that the action is  brought pursuant to this article and must set forth facts showing:    a. The plaintiff's estate  or  interest  in  the  real  property,  the  particular  nature  of  such  estate or interest, and the source from or  means by which the plaintiff's estate or interest immediately accrued to  him; and if his estate or interest therein is for a term of years,  that  the balance remaining of such term of years is not less than five.    b.  That  the  defendant  claims,  or  that it appears from the public  records or from the allegations of the  complaint,  that  the  defendant  might  claim an estate or interest in the real property, adverse to that  of the plaintiff, and the particular nature of such estate or  interest.  Where the people of the state of New York are made a party defendant, as  provided  in this article, the summons and complaint must be served upon  the attorney-general who must appear in behalf of the  people,  and  the  complaint  shall  set forth detailed facts showing the particular nature  of the estate or interest and the reason for making the people  a  party  defendant.  Upon  failure  to  state  such facts, the complaint shall be  dismissed as to the people of the state of New York.    c. Whether  any  defendant  is  known  or  unknown,  and  whether  any  defendant  is  or might be an infant, mentally retarded, mentally ill or  an alcohol abuser.    d. Whether the judgment will or might affect a person or  persons  not  in  being  or  ascertained at the commencement of the action, who by any  contingency contained in a devise or grant or otherwise, could afterward  become entitled to a beneficial  estate  or  interest  in  the  property  involved; and whether every person in being who would have been entitled  to such estate or interest if such event had happened immediately before  the commencement of the action is named as a party thereto.    2.  The  complaint  must  describe  the  property  claimed with common  certainty, by setting forth the name of the township or  tract  and  the  number of the lot, if there is any, or in some other appropriate manner,  so  that  from the description possession of the property claimed may be  delivered where the plaintiff is entitled thereto, and  may  contain  an  allegation  that  no  personal claim is made against any defendant other  than a defendant who shall assert a claim adverse to the  claim  of  the  plaintiff  set forth in the complaint. The demand for judgment may be to  the effect that the defendant and every person  claiming  under  him  be  barred from all claim to an estate or interest in the property described  in the complaint, or that possession be awarded the plaintiff, or it may  combine  two  or  more of said demands with other demand for appropriate  relief.    3. In an action brought as specified in subdivision 3 of section 1501,  if the complaint admits the defendant's right of dower in  the  property  described  therein, or in any part thereof, it must demand judgment that  her dower be admeasured.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1515

§  1515.  Complaint.  1.  The  complaint must state that the action is  brought pursuant to this article and must set forth facts showing:    a. The plaintiff's estate  or  interest  in  the  real  property,  the  particular  nature  of  such  estate or interest, and the source from or  means by which the plaintiff's estate or interest immediately accrued to  him; and if his estate or interest therein is for a term of years,  that  the balance remaining of such term of years is not less than five.    b.  That  the  defendant  claims,  or  that it appears from the public  records or from the allegations of the  complaint,  that  the  defendant  might  claim an estate or interest in the real property, adverse to that  of the plaintiff, and the particular nature of such estate or  interest.  Where the people of the state of New York are made a party defendant, as  provided  in this article, the summons and complaint must be served upon  the attorney-general who must appear in behalf of the  people,  and  the  complaint  shall  set forth detailed facts showing the particular nature  of the estate or interest and the reason for making the people  a  party  defendant.  Upon  failure  to  state  such facts, the complaint shall be  dismissed as to the people of the state of New York.    c. Whether  any  defendant  is  known  or  unknown,  and  whether  any  defendant  is  or might be an infant, mentally retarded, mentally ill or  an alcohol abuser.    d. Whether the judgment will or might affect a person or  persons  not  in  being  or  ascertained at the commencement of the action, who by any  contingency contained in a devise or grant or otherwise, could afterward  become entitled to a beneficial  estate  or  interest  in  the  property  involved; and whether every person in being who would have been entitled  to such estate or interest if such event had happened immediately before  the commencement of the action is named as a party thereto.    2.  The  complaint  must  describe  the  property  claimed with common  certainty, by setting forth the name of the township or  tract  and  the  number of the lot, if there is any, or in some other appropriate manner,  so  that  from the description possession of the property claimed may be  delivered where the plaintiff is entitled thereto, and  may  contain  an  allegation  that  no  personal claim is made against any defendant other  than a defendant who shall assert a claim adverse to the  claim  of  the  plaintiff  set forth in the complaint. The demand for judgment may be to  the effect that the defendant and every person  claiming  under  him  be  barred from all claim to an estate or interest in the property described  in the complaint, or that possession be awarded the plaintiff, or it may  combine  two  or  more of said demands with other demand for appropriate  relief.    3. In an action brought as specified in subdivision 3 of section 1501,  if the complaint admits the defendant's right of dower in  the  property  described  therein, or in any part thereof, it must demand judgment that  her dower be admeasured.