State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1519

§  1519.  Proceedings.  1. In an action maintained under this article,  the proceedings shall be governed by  the  provisions  regulating  civil  actions, except as otherwise provided in this article.    2.   When  service  of  the  summons  on  any  defendant  is  made  by  publication, the order for such service shall  direct  that  any  papers  required  by  such order to be mailed to such defendant shall be sent by  registered mail, and when such mailing is  required  shall  also  direct  that  an  affidavit,  by or on behalf of the plaintiff, be filed stating  that such papers were mailed as required by such order.    3. Whenever a claim of right to immediate possession is in issue,  the  person  in  possession  shall  be  presumed  to  have  the right to such  possession, but such presumption may be rebutted.    4. Where any party claims the real property in question, or  any  part  thereof,  by  virtue  of an estate in reversion or in remainder, whether  vested or contingent, and the verdict, report, or decision finds that he  has such an estate, it must specify the time when,  or  the  contingency  upon which, he will be entitled to possession.    5.  Where  the  complaint  demands,  as  provided  in subdivision 3 of  section 1515 of this article, that the defendant's dower be  admeasured,  and  the defendant does not, by her answer, set forth facts showing that  she is entitled to a greater  right  of  dower,  or  another  estate  or  interest  in  the  property,  than  that  admitted by the plaintiff, and  demand judgment therefor, as if she were the plaintiff in an action  for  dower,  the  court  must render an interlocutory judgment, directing her  dower to be admeasured, with or without damages for its detention, as in  an action for dower. The subsequent proceedings shall be the same, as if  the defendant had, as plaintiff, recovered an interlocutory judgment  in  an action for dower.

State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1519

§  1519.  Proceedings.  1. In an action maintained under this article,  the proceedings shall be governed by  the  provisions  regulating  civil  actions, except as otherwise provided in this article.    2.   When  service  of  the  summons  on  any  defendant  is  made  by  publication, the order for such service shall  direct  that  any  papers  required  by  such order to be mailed to such defendant shall be sent by  registered mail, and when such mailing is  required  shall  also  direct  that  an  affidavit,  by or on behalf of the plaintiff, be filed stating  that such papers were mailed as required by such order.    3. Whenever a claim of right to immediate possession is in issue,  the  person  in  possession  shall  be  presumed  to  have  the right to such  possession, but such presumption may be rebutted.    4. Where any party claims the real property in question, or  any  part  thereof,  by  virtue  of an estate in reversion or in remainder, whether  vested or contingent, and the verdict, report, or decision finds that he  has such an estate, it must specify the time when,  or  the  contingency  upon which, he will be entitled to possession.    5.  Where  the  complaint  demands,  as  provided  in subdivision 3 of  section 1515 of this article, that the defendant's dower be  admeasured,  and  the defendant does not, by her answer, set forth facts showing that  she is entitled to a greater  right  of  dower,  or  another  estate  or  interest  in  the  property,  than  that  admitted by the plaintiff, and  demand judgment therefor, as if she were the plaintiff in an action  for  dower,  the  court  must render an interlocutory judgment, directing her  dower to be admeasured, with or without damages for its detention, as in  an action for dower. The subsequent proceedings shall be the same, as if  the defendant had, as plaintiff, recovered an interlocutory judgment  in  an action for dower.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1519

§  1519.  Proceedings.  1. In an action maintained under this article,  the proceedings shall be governed by  the  provisions  regulating  civil  actions, except as otherwise provided in this article.    2.   When  service  of  the  summons  on  any  defendant  is  made  by  publication, the order for such service shall  direct  that  any  papers  required  by  such order to be mailed to such defendant shall be sent by  registered mail, and when such mailing is  required  shall  also  direct  that  an  affidavit,  by or on behalf of the plaintiff, be filed stating  that such papers were mailed as required by such order.    3. Whenever a claim of right to immediate possession is in issue,  the  person  in  possession  shall  be  presumed  to  have  the right to such  possession, but such presumption may be rebutted.    4. Where any party claims the real property in question, or  any  part  thereof,  by  virtue  of an estate in reversion or in remainder, whether  vested or contingent, and the verdict, report, or decision finds that he  has such an estate, it must specify the time when,  or  the  contingency  upon which, he will be entitled to possession.    5.  Where  the  complaint  demands,  as  provided  in subdivision 3 of  section 1515 of this article, that the defendant's dower be  admeasured,  and  the defendant does not, by her answer, set forth facts showing that  she is entitled to a greater  right  of  dower,  or  another  estate  or  interest  in  the  property,  than  that  admitted by the plaintiff, and  demand judgment therefor, as if she were the plaintiff in an action  for  dower,  the  court  must render an interlocutory judgment, directing her  dower to be admeasured, with or without damages for its detention, as in  an action for dower. The subsequent proceedings shall be the same, as if  the defendant had, as plaintiff, recovered an interlocutory judgment  in  an action for dower.