N.Y. Real Property Actions & Proceedings Law Section 904
Permissible defendants


The plaintiff, at his election, may make defendant in the action:

1.

A tenant by the curtesy or for life or for years, of the entire property, or whoever may be entitled to a contingent or vested remainder or reversion in the entire property, or a person having a lien or interest which attaches to the entire property. A person specified in this subdivision who is not made a party is not affected by the judgment in the action.

2.

A person having a lien on an undivided share or interest in the property. The nature of the lien and the share or interest to which it attaches shall be specified.

3.

An unknown person entitled to an estate or interest in the property sold. The court shall provide for the protection of his rights, as far as may be, as if he were known and had appeared.

4.

The state.

Source: Section 904 — Permissible defendants, https://www.­nysenate.­gov/legislation/laws/RPA/904 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

901
By whom maintainable
903
Necessary defendants
904
Permissible defendants
905
Complaint
907
Trial of title or interest
911
Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown...
913
Inquiry as to creditors
915
Interlocutory judgment
916
Interlocutory judgment directing partial partition
917
Interlocutory judgment directing partition in common
918
Interlocutory judgment directing sale or exception of lien or dower interest
919
Interlocutory judgment directing credit on sale
921
Actual partition
922
Meeting of commissioners
923
Security for credit on sale
925
Report of sale
927
Contents of judgment after actual partition
928
Effect of judgment after actual partition
929
Lien of creditor upon share partitioned
931
Contents of judgment after sale
933
Effect of judgment after sale
941
Judgment as to parties having interest in entire property
943
Judgment directing compensation to equalize partition
945
Judgment adjusting rents and profits
947
Judgment affecting state tax claim
951
Recording of judgment
961
Disposition of proceeds of sale
962
Payment of proceeds into court where there are liens
963
Payment of proceeds out of court where there are liens
964
Payment of proceeds into court in cases involving decedent’s property
965
Payment of proceeds out of court in cases involving decedent’s property
966
Payment of proceeds directly to parties in cases involving decedent’s property
967
Payment of proceeds to owner of particular or future estate
968
Manner of payment of proceeds to owner of particular or future estate
969
Shares of infant, incompetent or conservatee
970
Shares of unknown or absent owner
971
Security for refund
973
Report of disposition of proceeds
981
Costs and expenses
991
Proceeding for share of unknown heirs
992
Judgment in proceeding for share of unknown heirs
993
Uniform partition of heirs property act

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 904’s source at nysenate​.gov

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