New York Real Property Actions & Proceedings Law Article 11 - PROCEEDING TO DISCOVER THE DEATH OF A TENANT FOR LIFE

• 1101 - Petition for Production of Tenant for Life.
  A person entitled to claim real property after the death of another who has a prior estate therein may, not oftener than once in each...
• 1102 - Contents of Petition.
  The petition must be in writing and verified by the affidavit of the petitioner, to the effect that the matters of fact therein set forth...
• 1103 - Service of Petition and Notice.
  A copy of the petition, including the affidavit, together with notice of the time and place at which the petition will be presented, must be...
• 1104 - Proceedings Upon Presentation of Petition.
  Upon the presentation of the petition and affidavit, with due proof, by affidavit, of service of a copy thereof, and of the notice, if sufficient...
• 1105 - Service of Order; Powers of Court or Referee.
  Where an order requiring the production of the tenant for life, or proof that he is living, is made as prescribed in section 1104, a...
• 1106 - Habeas Corpus.
  If it appears, by affidavit, to the satisfaction of the court, that the person required to be produced is imprisoned within the state, for any...
• 1107 - Report of Referee.
  The referee must deliver his report to the petitioner, or file it with the clerk, within ten days after the case is closed. He must...
• 1111 - Dismissal of Petition When Order Complied With.
  If it appears to the satisfaction of the court, upon the referee's report and the proofs thereto appended or, where a referee is not appointed,...
• 1112 - When Life Tenant Deemed Dead and Petitioner Let Into Possession.
  If it appears from the referee's report, or upon the hearing before the court, that the person upon whose life the prior estate depends was...
• 1121 - Commission to Be Issued If Life Tenant is Without the State.
  If before or at the time of the presentation of the referee's report to the court, or, where a referee is not appointed, at any...
• 1122 - General Provisions Respecting the Commission.
  It is not necessary, unless the court specially so directs, that the witnesses to be examined should be named in the commission, or that interrogatories...
• 1123 - Petitioner to Give Notice of Its Execution.
  The petitioner must give to the adverse party, or his attorney, written notice of the time when, and the place where, the commissioner or commissioners...
• 1124 - Execution Thereof.
  The commissioner or commissioners possess the same powers, and must proceed in the same manner, as a referee, appointed by an order requiring the production...
• 1125 - Proceedings on Return of Commission.
  Upon the return of the commission, the proceedings are the same as upon the report of a referee, as prescribed in sections 1111 and 1112;...
• 1131 - Costs.
  Where costs of a special proceeding taken as prescribed in this article are awarded, they must be fixed by the court at a gross sum,...
• 1141 - Property; When Restored.
  The possession of real property, which has been awarded to the petitioner as prescribed in this article, upon the presumption of the death of the...
• 1142 - Remedy of Person Evicted for Rents and Profits.
  A person evicted as prescribed in this article may, if the presumption upon which he is evicted is erroneous, maintain an action against the person...
• 1143 - Order Not Conclusive in Ejectment.
  A final order made as prescribed in this article, awarding to the petitioner the possession of real property is presumptive evidence only, in an action...

Last modified: February 3, 2019