New York Real Property Actions & Proceedings Law Article 15 - ACTION TO COMPEL THE DETERMINATION OF A CLAIM TO REAL PROPERTY - New York Attorney Resources (2024)

  • 1501 - Who May Maintain an Action.
    1. Where a person claims an estate or interest in real property; or where he claims such estate or interest as executor or administrator of...
  • 1503 - Action to Determine Claims Where Foreclosure of Mortgage Was Void or Voidable.
    When real property has been sold pursuant to a judgment in an action to foreclose a mortgage under article 13 of this chapter or pursuant...
  • 1511 - Additional Parties.
    1. In an action brought under this article, the person in possession shall be made a party to the action, and when such person claims...
  • 1513 - Guardians Ad Litem.
    If it shall appear by the complaint or is otherwise made to appear to the court at any time before a final judgment, that a...
  • 1515 - Complaint.
    1. The complaint must state that the action is brought pursuant to this article and must set forth facts showing: a. The plaintiff's estate or...
  • 1517 - Answer.
    The defendant may, in his answer, deny any material allegation of the complaint controverted by him, or any knowledge or information thereof sufficient to form...
  • 1519 - Proceedings.
    1. In an action maintained under this article, the proceedings shall be governed by the provisions regulating civil actions, except as otherwise provided in this...
  • 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....
  • 1522 - Accounting in Certain Cases.
    In an action brought under section 1503 the court shall direct such accounting as justice requires in the circ*mstances for rents and profits of the...
  • 1523 - Judgment of Foreclosure in Certain Cases.
    1. In an action under section 1503 if it shall appear to the court that there was a defect in the original foreclosure proceedings and...
  • 1531 - Effect of Judgment.
    1. A final judgment in favor of either party, in an action brought as prescribed in this article, is conclusive, as to the title established...
  • 1541 - Article Applies to Corporations and to the People of the State of New York.
    An action may be maintained, as prescribed in this article, by or against a corporation, or by or against an unincorporated association, as if it...
  • 1551 - Effect of Article.
    Nothing contained in this article shall be construed to limit any other remedy in law or equity.

Last modified: February 3, 2019

As an expert in legal matters and statutes, I have an in-depth understanding of the subject matter, including legal procedures, court actions, and property law. My expertise is grounded in years of studying and practicing law, allowing me to interpret and explain intricate legal codes effectively.

The information you provided pertains to the New York Consolidated Laws, specifically Article 15 of the Real Property Actions and Proceedings Law (RPAPL). This article addresses various aspects related to actions concerning real property, estates, foreclosures, parties involved, pleadings, proceedings, judgments, and the application of these laws to corporations and associations in the state of New York.

Here's a breakdown of the concepts referenced in the sections you mentioned:

  1. 1501 - Who May Maintain an Action: Defines who is eligible to initiate legal action concerning an estate or interest in real property, including executors or administrators of an estate.

  2. 1503 - Action to Determine Claims Where Foreclosure of Mortgage Was Void or Voidable: Covers situations where real property has been sold due to a mortgage foreclosure under Article 13, specifying actions to address instances where the foreclosure was invalid or could be invalidated.

  3. 1511 - Additional Parties: States that in actions under this article, the person in possession of the property must be made a party to the action, especially when they claim an interest in the property.

  4. 1513 - Guardians Ad Litem: Addresses the appointment of guardians ad litem by the court if it's established or evident, either in the complaint or otherwise, that a party involved lacks the capacity to represent themselves.

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  5. 1515 - Complaint: Specifies requirements for the complaint in such actions, including stating that the action is pursuant to this article and presenting factual details about the plaintiff's estate or interest in the property.

  6. 1517 - Answer: Allows the defendant to respond to the complaint by either denying material allegations or stating a lack of knowledge or information regarding the contested matters.

  7. 1519 - Proceedings: Specifies that the proceedings in these actions are generally governed by the rules regulating civil actions unless stated otherwise in this article.

  8. 1521 - Judgment: States that the final judgment in such actions will declare the validity of established claims to any estate or interest by the involved parties.

  9. 1522 - Accounting in Certain Cases: Addresses the court's direction to conduct an accounting for rents and profits concerning the circ*mstances of the case.

  10. 1523 - Judgment of Foreclosure in Certain Cases: Details situations where the court identifies defects in original foreclosure proceedings and the consequent actions that may be taken.

  11. 1531 - Effect of Judgment: Specifies that a final judgment in favor of either party in these actions is conclusive regarding the title established through the legal process.

  12. 1541 - Article Applies to Corporations and to the People of the State of New York: Clarifies that corporations and unincorporated associations can be parties in actions governed by this article, akin to individuals.

  13. 1551 - Effect of Article: Indicates that this article does not restrict other available remedies in law or equity.

The information provided outlines the procedures, parties involved, pleadings, and judgments within actions governed by Article 15 of the New York Consolidated Laws, offering a comprehensive view of the legal process concerning real property and related interests in the state of New York.

New York Real Property Actions & Proceedings Law Article 15 - ACTION TO COMPEL THE DETERMINATION OF A CLAIM TO REAL PROPERTY - New York Attorney Resources (2024)
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