State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1521

§  1521.  Judgment.  1. Final judgment in the action shall declare the  validity of any claim to any estate or interest established by any party  to the action. The judgment shall also  declare  that  any  party  whose  claim  to  an  estate  or  interest  in  the  property has been adjudged  invalid, and every person claiming under him, by  title  accruing  after  the filing of the judgment-roll, or of the notice of the pendency of the  action,  as  prescribed  by  law,  be forever barred from asserting such  claim to an estate or interest the invalidity of which is established in  the action, and may direct that any instrument purporting to create  any  such  estate  or  interest  be delivered up or cancelled of record or be  reformed of record as the facts may require. Judgment may also be  given  awarding  possession  of  real  property  to any party together with his  damages for the withholding of such property and two  or  more  of  such  forms of judgment may be awarded in the same action.    2.  If one of the parties to the action is the people of the state and  the judgment adversely affects the  title,  interest  or  claim  of  the  people  of  the  state  based  upon  a tax deed, the judgment shall also  provide in effect as follows:    a. That the people of the state of New York shall  have  a  lien  upon  such real property or part thereof described in such tax deed, prior and  superior  to all other liens, (1) for the amount of the unpaid taxes not  adjudged illegal in such action for which such real property was sold or  liable to be sold in the first instance and for which such tax deed  was  issued,  together with fees, charges and interest; (2) for the amount of  the unpaid taxes not adjudged illegal in such action for which such real  property was subsequently sold or liable to be sold, together with fees,  charges and interest; (3) for the amount of all taxes, fees and  charges  admitted  or  paid  by the people upon such real property to the date of  the entry of such judgment, together with interest thereon from the date  of such admission or payment. In the determination of the amount of such  lien, establishment of payments of taxes on said land by the adjudged or  admitted owner of the property during any of the  same  years  in  which  payments  were  also  made  by the people of the state of New York shall  reduce the lien of the people by the larger of the two tax payments  for  each  of the years affected by duplicate payments, and in the event that  wholly identical areas are not affected by the  duplicate  payments  the  court shall have power to apportion and adjust the amount of the lien as  equity may require;    b. That the people of the state of New York may foreclose such lien as  a  mortgage  on  real property is foreclosed, provided such lien remains  unpaid after the expiration of one year from the entry of such judgment.    The remedy provided by this subdivision for recovery of  tax  payments  shall  be  in addition to any other remedy now or hereafter available in  law or in equity.    3. If a judgment described in subdivision 1 or subdivision 2 is  taken  upon  the  defendant's  default  in  appearing or pleading, it shall not  award costs to either party, unless  it  be  taken  upon  a  default  in  answering  after  the decision of a motion addressed to the complaint. A  defendant against whom no personal claim is made in the complaint  shall  not be entitled to costs unless awarded by the court when such defendant  asserts  in  his answer and establishes a claim in said lands adverse to  the claim of the plaintiff in said action.    4. Where a verdict, report, or decision is rendered, as prescribed  by  subdivision  4  of  section  1519, final judgment to that effect must be  rendered accordingly, without damages. In such a case, an execution  for  the  delivery  of  the possession of the property may be issued upon the  judgment; but only by the special order  of  the  court,  made  upon  an  application  by  the defendant, or a person claiming under him, and uponsatisfactory proof that the time has arrived when,  or  the  contingency  has  happened upon which, the applicant is entitled to possession by the  terms of the judgment.    5.  Where  the  judgment  directs  that an instrument be delivered up,  cancelled or reformed of record, or that real property be  conveyed,  if  the  direction  is disobeyed, the court, by order, besides punishing the  disobedience as a contempt, may require the sheriff to take, and deposit  or deliver, the instrument or to convey the real property, or to perform  the required acts in conformity with the direction of the court.

State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1521

§  1521.  Judgment.  1. Final judgment in the action shall declare the  validity of any claim to any estate or interest established by any party  to the action. The judgment shall also  declare  that  any  party  whose  claim  to  an  estate  or  interest  in  the  property has been adjudged  invalid, and every person claiming under him, by  title  accruing  after  the filing of the judgment-roll, or of the notice of the pendency of the  action,  as  prescribed  by  law,  be forever barred from asserting such  claim to an estate or interest the invalidity of which is established in  the action, and may direct that any instrument purporting to create  any  such  estate  or  interest  be delivered up or cancelled of record or be  reformed of record as the facts may require. Judgment may also be  given  awarding  possession  of  real  property  to any party together with his  damages for the withholding of such property and two  or  more  of  such  forms of judgment may be awarded in the same action.    2.  If one of the parties to the action is the people of the state and  the judgment adversely affects the  title,  interest  or  claim  of  the  people  of  the  state  based  upon  a tax deed, the judgment shall also  provide in effect as follows:    a. That the people of the state of New York shall  have  a  lien  upon  such real property or part thereof described in such tax deed, prior and  superior  to all other liens, (1) for the amount of the unpaid taxes not  adjudged illegal in such action for which such real property was sold or  liable to be sold in the first instance and for which such tax deed  was  issued,  together with fees, charges and interest; (2) for the amount of  the unpaid taxes not adjudged illegal in such action for which such real  property was subsequently sold or liable to be sold, together with fees,  charges and interest; (3) for the amount of all taxes, fees and  charges  admitted  or  paid  by the people upon such real property to the date of  the entry of such judgment, together with interest thereon from the date  of such admission or payment. In the determination of the amount of such  lien, establishment of payments of taxes on said land by the adjudged or  admitted owner of the property during any of the  same  years  in  which  payments  were  also  made  by the people of the state of New York shall  reduce the lien of the people by the larger of the two tax payments  for  each  of the years affected by duplicate payments, and in the event that  wholly identical areas are not affected by the  duplicate  payments  the  court shall have power to apportion and adjust the amount of the lien as  equity may require;    b. That the people of the state of New York may foreclose such lien as  a  mortgage  on  real property is foreclosed, provided such lien remains  unpaid after the expiration of one year from the entry of such judgment.    The remedy provided by this subdivision for recovery of  tax  payments  shall  be  in addition to any other remedy now or hereafter available in  law or in equity.    3. If a judgment described in subdivision 1 or subdivision 2 is  taken  upon  the  defendant's  default  in  appearing or pleading, it shall not  award costs to either party, unless  it  be  taken  upon  a  default  in  answering  after  the decision of a motion addressed to the complaint. A  defendant against whom no personal claim is made in the complaint  shall  not be entitled to costs unless awarded by the court when such defendant  asserts  in  his answer and establishes a claim in said lands adverse to  the claim of the plaintiff in said action.    4. Where a verdict, report, or decision is rendered, as prescribed  by  subdivision  4  of  section  1519, final judgment to that effect must be  rendered accordingly, without damages. In such a case, an execution  for  the  delivery  of  the possession of the property may be issued upon the  judgment; but only by the special order  of  the  court,  made  upon  an  application  by  the defendant, or a person claiming under him, and uponsatisfactory proof that the time has arrived when,  or  the  contingency  has  happened upon which, the applicant is entitled to possession by the  terms of the judgment.    5.  Where  the  judgment  directs  that an instrument be delivered up,  cancelled or reformed of record, or that real property be  conveyed,  if  the  direction  is disobeyed, the court, by order, besides punishing the  disobedience as a contempt, may require the sheriff to take, and deposit  or deliver, the instrument or to convey the real property, or to perform  the required acts in conformity with the direction of the court.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-15 > 1521

§  1521.  Judgment.  1. Final judgment in the action shall declare the  validity of any claim to any estate or interest established by any party  to the action. The judgment shall also  declare  that  any  party  whose  claim  to  an  estate  or  interest  in  the  property has been adjudged  invalid, and every person claiming under him, by  title  accruing  after  the filing of the judgment-roll, or of the notice of the pendency of the  action,  as  prescribed  by  law,  be forever barred from asserting such  claim to an estate or interest the invalidity of which is established in  the action, and may direct that any instrument purporting to create  any  such  estate  or  interest  be delivered up or cancelled of record or be  reformed of record as the facts may require. Judgment may also be  given  awarding  possession  of  real  property  to any party together with his  damages for the withholding of such property and two  or  more  of  such  forms of judgment may be awarded in the same action.    2.  If one of the parties to the action is the people of the state and  the judgment adversely affects the  title,  interest  or  claim  of  the  people  of  the  state  based  upon  a tax deed, the judgment shall also  provide in effect as follows:    a. That the people of the state of New York shall  have  a  lien  upon  such real property or part thereof described in such tax deed, prior and  superior  to all other liens, (1) for the amount of the unpaid taxes not  adjudged illegal in such action for which such real property was sold or  liable to be sold in the first instance and for which such tax deed  was  issued,  together with fees, charges and interest; (2) for the amount of  the unpaid taxes not adjudged illegal in such action for which such real  property was subsequently sold or liable to be sold, together with fees,  charges and interest; (3) for the amount of all taxes, fees and  charges  admitted  or  paid  by the people upon such real property to the date of  the entry of such judgment, together with interest thereon from the date  of such admission or payment. In the determination of the amount of such  lien, establishment of payments of taxes on said land by the adjudged or  admitted owner of the property during any of the  same  years  in  which  payments  were  also  made  by the people of the state of New York shall  reduce the lien of the people by the larger of the two tax payments  for  each  of the years affected by duplicate payments, and in the event that  wholly identical areas are not affected by the  duplicate  payments  the  court shall have power to apportion and adjust the amount of the lien as  equity may require;    b. That the people of the state of New York may foreclose such lien as  a  mortgage  on  real property is foreclosed, provided such lien remains  unpaid after the expiration of one year from the entry of such judgment.    The remedy provided by this subdivision for recovery of  tax  payments  shall  be  in addition to any other remedy now or hereafter available in  law or in equity.    3. If a judgment described in subdivision 1 or subdivision 2 is  taken  upon  the  defendant's  default  in  appearing or pleading, it shall not  award costs to either party, unless  it  be  taken  upon  a  default  in  answering  after  the decision of a motion addressed to the complaint. A  defendant against whom no personal claim is made in the complaint  shall  not be entitled to costs unless awarded by the court when such defendant  asserts  in  his answer and establishes a claim in said lands adverse to  the claim of the plaintiff in said action.    4. Where a verdict, report, or decision is rendered, as prescribed  by  subdivision  4  of  section  1519, final judgment to that effect must be  rendered accordingly, without damages. In such a case, an execution  for  the  delivery  of  the possession of the property may be issued upon the  judgment; but only by the special order  of  the  court,  made  upon  an  application  by  the defendant, or a person claiming under him, and uponsatisfactory proof that the time has arrived when,  or  the  contingency  has  happened upon which, the applicant is entitled to possession by the  terms of the judgment.    5.  Where  the  judgment  directs  that an instrument be delivered up,  cancelled or reformed of record, or that real property be  conveyed,  if  the  direction  is disobeyed, the court, by order, besides punishing the  disobedience as a contempt, may require the sheriff to take, and deposit  or deliver, the instrument or to convey the real property, or to perform  the required acts in conformity with the direction of the court.