N.Y. Real Property Actions & Proceedings Law Section 331
Proof of lost execution or writ after sheriff’s sale of real property

Whenever, upon the trial of an action, it shall appear that at least ten years theretofore real property has been sold by a sheriff for enforcement of the valid lien thereon of a duly docketed judgment, and that a certificate of the sale has been duly made by the sheriff and filed, and that a conveyance in completion of the purchase has been executed and recorded, but that the execution or writ by virtue of which the sale has so been made cannot be found in the office of the clerk with whom the same should have been filed, then and in such case the recital of or reference to such execution or writ contained in the said certificate, or in the said conveyance, or in the record thereof, shall be prima facie evidence of the said execution or writ and of the issuance of the same as against any party whose claim of title is not shown to have been accompanied or supported by peaceable possession of the premises in controversy for at least three years immediately preceding the commencement of the action.

Source: Section 331 — Proof of lost execution or writ after sheriff's sale of real property, https://www.­nysenate.­gov/legislation/laws/RPA/331 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 331’s source at nysenate​.gov

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