New York Real Property Actions & Proceedings Law
Action Against One Defendant Subject to Rights of Others
§ 637. Action against one defendant subject to rights of others. Where one or more answering defendants hold under another defendant, and the plaintiff elects to proceed against the latter, subject to the rights and interests of the former, if the plaintiff recovers final judgment against the defendant under whom they hold, the judgment operates as a transfer to the plaintiff of that defendant’s right, title and interest.