State Codes and Statutes

Statutes > New-york > Rpa > Article-19 > 1944

§  1944.  Hearing  and  final  order  upon  non-appearance  of adverse  claimants. Upon the return day named in  said  notice  the  court  shall  proceed  summarily to inquire into the truth of the matters set forth in  the petition, and may appoint a referee for that purpose, and  if  there  shall  be  no  appearance by any person claiming any adverse interest to  the petitioners in the real property  described  in  the  petition,  the  court  may make a final order declaring that the title of the petitioner  to such real property  has  been  judicially  established,  which  final  order, together with the petition and order for and proof of publication  of the notice, and the proofs taken before the court or referee shall be  filed  in  the  office  of  the  clerk  of  the county in which the real  property is situated, and such final order  shall  be  evidence  of  the  facts  so  declared  to be established thereby in all courts and places,  and thereafter no action or proceeding for  the  recovery  of  the  real  property  described  in  said final order or any part thereof, or of any  interest therein, shall be maintained by any person named as a defendant  in the notice of pendency of action referred to in section 1941,  or  by  any person or persons claiming under such defendant or either of them.

State Codes and Statutes

Statutes > New-york > Rpa > Article-19 > 1944

§  1944.  Hearing  and  final  order  upon  non-appearance  of adverse  claimants. Upon the return day named in  said  notice  the  court  shall  proceed  summarily to inquire into the truth of the matters set forth in  the petition, and may appoint a referee for that purpose, and  if  there  shall  be  no  appearance by any person claiming any adverse interest to  the petitioners in the real property  described  in  the  petition,  the  court  may make a final order declaring that the title of the petitioner  to such real property  has  been  judicially  established,  which  final  order, together with the petition and order for and proof of publication  of the notice, and the proofs taken before the court or referee shall be  filed  in  the  office  of  the  clerk  of  the county in which the real  property is situated, and such final order  shall  be  evidence  of  the  facts  so  declared  to be established thereby in all courts and places,  and thereafter no action or proceeding for  the  recovery  of  the  real  property  described  in  said final order or any part thereof, or of any  interest therein, shall be maintained by any person named as a defendant  in the notice of pendency of action referred to in section 1941,  or  by  any person or persons claiming under such defendant or either of them.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-19 > 1944

§  1944.  Hearing  and  final  order  upon  non-appearance  of adverse  claimants. Upon the return day named in  said  notice  the  court  shall  proceed  summarily to inquire into the truth of the matters set forth in  the petition, and may appoint a referee for that purpose, and  if  there  shall  be  no  appearance by any person claiming any adverse interest to  the petitioners in the real property  described  in  the  petition,  the  court  may make a final order declaring that the title of the petitioner  to such real property  has  been  judicially  established,  which  final  order, together with the petition and order for and proof of publication  of the notice, and the proofs taken before the court or referee shall be  filed  in  the  office  of  the  clerk  of  the county in which the real  property is situated, and such final order  shall  be  evidence  of  the  facts  so  declared  to be established thereby in all courts and places,  and thereafter no action or proceeding for  the  recovery  of  the  real  property  described  in  said final order or any part thereof, or of any  interest therein, shall be maintained by any person named as a defendant  in the notice of pendency of action referred to in section 1941,  or  by  any person or persons claiming under such defendant or either of them.