New York Real Property Actions & Proceedings Law Article 10 - ACTION FOR DOWER

• 1001 - Limitation of Action for Dower.
  1. An action for dower must be commenced by a widow within two years after the death of her husband, if the husband dies on...
• 1002 - Action Barred by Assignment of Dower.
  The acceptance by a widow of an assignment of dower in satisfaction of her claim upon the property in question bars an action for dower...
• 1011 - Necessary Defendants.
  Where the property in which dower is claimed is actually occupied, the occupant thereof must be made defendant in the action. Where it is not...
• 1012 - Who May Be Joined As Defendants.
  1. In either of the cases specified in section 1011, any other person claiming title to, or the right to the possession of, the real...
• 1013 - Actions Where Defendants Claim in Severalty.
  In an action to recover dower, in a distinct parcel of real property of which the plaintiff's husband died seized, or in all the real...
• 1021 - Damages May Be Recovered; How Estimated.
  Where a widow recovers, in an action therefor, dower in property, of which her husband died seized, she may also recover, in the same action,...
• 1022 - Damages in Action Against Alienee of Husband.
  Where a widow recovers dower, in a case not specified in section 1021, she may also recover, in the same action, damages for withholding her...
• 1023 - Damages Where Several Parcels are Affected.
  Sections 1021 and 1022 do not authorize the recovery, against a defendant who is joined with others, of damages for withholding dower, in any portion...
• 1024 - Damages Apportioned Between Heir and Alienee.
  Where a widow recovers dower in real property aliened by the heir of her husband, she may recover, in a separate action against him, her...
• 1025 - Damages Against Grantee of Premises Subject to Dower.
  If the defendant, in an action for dower, aliens the real property in question after the filing of a notice of pendency of action and...
• 1031 - Complaint.
  The complaint in an action for dower must describe the property claimed with common certainty, by setting forth the name of the township or tract...
• 1041 - Interlocutory Judgment for Admeasurement.
  If the defendant makes default in appearing or pleading or if the right of the plaintiff to dower is not disputed by the answer, or...
• 1043 - Dower, How Admeasured.
  The referee or the commissioners must execute their duties in the following manner: 1. They must, if it is practicable, and, in their opinion, for...
• 1044 - Report Thereupon.
  All the commissioners must meet together in the performance of any of their duties; but the acts of a majority so met are valid. The...
• 1045 - Setting Aside Report.
  Upon the application of any party to the action, and upon good cause shown, the court may set aside the report, and, if necessary, may...
• 1051 - Fees and Expenses.
  The fees and expenses of the commissioners, or of the referee, including the expense of a survey, when it is made, must be taxed under...
• 1052 - Fees of Surveyor or Commissioner in Action for Dower.
  A surveyor, employed as prescribed by law, in an action for dower, or to determine dower, is entitled to five dollars for each day actually...
• 1061 - Final Judgment.
  Upon the report being confirmed by the court, final judgment must be rendered. If the referee or commissioners have admeasured and laid off to the...
• 1062 - Plaintiff May Recover Sum Awarded; Court May Modify Judgment.
  The plaintiff may, from time to time, maintain an action against the owner, or a person who was the owner of the property, to recover...
• 1063 - Junior Incumbrances; Not Affected by Admeasurement.
  Where a portion of the property is admeasured and laid off to the plaintiff as her dower, a lien which is inferior to the plaintiff's...
• 1064 - Appeal Not to Stay Execution If Undertaking is Given.
  An appeal from a final judgment awarding to the plaintiff possession of the part admeasured and laid off to her does not stay the execution...
• 1071 - Plaintiff May Consent to Receive a Gross Sum.
  In an action for dower, the plaintiff may, at any time before an interlocutory judgment is rendered, by reason of the defendant's default in appearing...
• 1072 - Defendant May Consent to Pay It; Proceedings Thereupon.
  At any time after a consent is filed, as prescribed in section 1071, and before an interlocutory judgment is rendered, any defendant may apply to...
• 1073 - Interlocutory Judgment for Sale.
  Where the plaintiff's consent has been filed as prescribed in section 1071 and she is entitled to an interlocutory judgment in the action, the court...
• 1074 - Direction that a Part Be Laid Off.
  In a case specified in section 1071, where the property, or a part thereof, consists of one or more vacant or unimproved lots, the plaintiff's...
• 1075 - Liens to Be Ascertained.
  Before an interlocutory judgment is rendered for the sale of the property, the court must direct a reference to ascertain whether any person not a...
• 1076 - Satisfaction or Protection of Lien.
  Where the interlocutory judgment directs a sale, if the right of dower of the plaintiff is inferior to any other lien upon the property, the...
• 1077 - Payment of Taxes, Assessments and Water Rates Out of Proceeds.
  Where a judgment, rendered in an action for dower directs a sale of the real property, the officer making the sale must, out of the...
• 1078 - Report of Sale.
  Immediately after completing the sale and executing the proper conveyance to the purchaser, the officer making the sale must make and file with the clerk...
• 1079 - Final Judgment Upon Confirming Sale.
  Upon confirming the sale, the court must ascertain, by a reference or otherwise, the rights and interests of each of the parties in and to...
• 1081 - Certain Provisions Made Applicable.
  The provisions of law relating to a sale in partition and to the distribution, investment, and care of the proceeds, apply, as far as they...
• 1091 - Action to Recover Property by Revisioner or Remainderman, After Determination of Particular Estate.
  Where a tenant for life, or for a term of years, suffers a judgment to be taken against him, by consent or by default, in...
• 1093 - Collusive Recovery Not to Prejudice Infant.
  Where a widow, not having a right to dower, recovers dower against an infant, by the default or collusion of his guardian, the infant shall...

Last modified: February 3, 2019