N.Y. Eminent Domain Procedure Law Section 405
Possession

(A) If the condemnor has a right to possession of real property as provided for in this law, and the condemnor shall deem it necessary to cause the removal of a condemnee or other occupant it may cause such condemnee or other occupant to be removed therefrom and possession to be delivered to it, pursuant to the procedures of landlord and tenant law, or by application to the supreme court in which the proceeding is pending for a writ of assistance for possession or pursuant to other law, except that no condemnee shall be required to surrender possession prior to the condemnor’s payment to him of its advance payment or the deposit of such amount in accordance with article 3 (Offer and Negotiations)article three of this law, unless the condemnee has not complied with § 302 (Appraisals)section three hundred two of this law. (B) No execution shall include costs in a dispossess proceeding. Proceedings may be brought separately against one or more of the condemnees or other occupants of a property, or one proceeding may be brought against all or several of the condemnees or other occupants of any or all property within the territorial jurisdiction of the court.

Source: Section 405 — Possession, https://www.­nysenate.­gov/legislation/laws/EDP/405 (updated Sep. 22, 2014; accessed Jan. 24, 2026).

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Verified:
Jan. 24, 2026

Last modified:
Sep. 22, 2014

§ 405. Possession's source at nysenate​.gov

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