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Home » US Law » 2022 New York Laws » Consolidated Laws » RPA - Real Property Actions and Proceedings » Article 6 - Action to Recover Real Property

621 – Separate Action by Joint Tenant or Tenant in Common.

§ 621. Separate action by joint tenant or tenant in common. Where two or more persons are entitled to the possession of real property as joint tenants or tenants in common, one or more of them may maintain the action to recover his or their undivided shares in the property in any case where such […]

623 – Action by Grantee of Lands Held Adversely.

§ 623. Action by grantee of lands held adversely. The action shall be maintained by a grantee, his executors, administrators or assigns in his own name, although at the time of the conveyance, such real property was in the actual possession of a person claiming under a title adverse to that of the grantor.

625 – Action by Reversioner or Remainderman After Tenant’s Default.

§ 625. Action by reversioner or remainderman after tenant’s default. Where a tenant for life or for a term of years suffers judgment to be taken against him, by consent or by default, in an action to recover real property, the heir or person owning the reversion or remainder, may maintain an action to recover […]

631 – Defendants.

§ 631. Defendants. Where the complaint demands judgment for the immediate possession of the property, if the property is actually occupied, the occupant shall be made defendant in the action. If it is not so occupied, the action shall be brought against some person exercising acts of ownership thereupon, or claiming title thereto or an […]

633 – Action Against Co-Tenant; Ouster to Be Proved.

§ 633. Action against co-tenant; ouster to be proved. Where the action is brought by a tenant in common or a joint tenant against his co-tenant, the plaintiff, besides proving his right, shall also prove that the defendant actually ousted him or did some other act amounting to a total denial of his right.

635 – Action Against Occupants of Apartments.

§ 635. Action against occupants of apartments. In a case where two or more defendants occupy different apartments in a building the plaintiff is entitled to judgment jointly against all the defendants who are liable to him.

637 – Action Against One Defendant Subject to Rights of Others.

§ 637. Action against one defendant subject to rights of others. Where one or more answering defendants hold under another defendant, and the plaintiff elects to proceed against the latter, subject to the rights and interests of the former, if the plaintiff recovers final judgment against the defendant under whom they hold, the judgment operates […]

641 – Complaint.

§ 641. Complaint. The complaint shall state the plaintiff’s interest in the property and describe it with reasonable certainty in such manner that, from the description, possession of the property claimed may be delivered.

651 – Expiration of Plaintiff’s Title Before Trial.

§ 651. Expiration of plaintiff’s title before trial. If the right or title of the plaintiff expires after the commencement of the action but before the trial, and he would have been entitled to recover but for the expiration, the verdict, report or decision shall be rendered according to the fact; and the plaintiff is […]

653 – Judgment to State Plaintiff’s Estate.

§ 653. Judgment to state plaintiff’s estate. A verdict, report or decision in favor of the plaintiff and the judgment rendered thereon, shall specify in writing the estate of the plaintiff in the property recovered, whether it is in fee, or for life, or for a term of years stating for whose life it is, […]

661 – Liability of Purchaser Pending an Action.

§ 661. Liability of purchaser pending an action. If the defendant aliens the real property in question after the filing of a notice of pendency of the action, and an execution against him for the plaintiff’s damages is returned wholly or partly unsatisfied, an action may be maintained by the plaintiff against any person who […]