N.Y. Real Property Actions & Proceedings Law Section 916
Interlocutory judgment directing partial partition

Where the right, share and interest of a party has been ascertained, and the rights, shares or interests of the other parties as between themselves remain unascertained, an interlocutory judgment for a partition shall direct a partition as between the party whose share has been so determined and the other parties to the action. Where the rights, shares and interests of two or more parties have been thus ascertained and determined, the interlocutory judgment may also direct the partition among them of a part of the property proportionate to their aggregate shares. In either case, the court, from time to time, as the other rights, shares and interests are ascertained, may render an interlocutory judgment directing the partition, in like manner, of the remainder of the property. Where an interlocutory judgment is rendered in a case specified in this section, the court may direct the action to be severed, and final judgment to be rendered with respect to the portion of the property set apart to the parties whose rights, shares and interests are determined, leaving the action to proceed as against the other parties with respect to the remainder of the property; and if necessary, the court may direct that one of those parties be substituted as plaintiff.

Source: Section 916 — Interlocutory judgment directing partial partition, (updated Sep. 22, 2014; accessed Mar. 9, 2025).

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
Green check means up to date. Up to date

Accessed:
Mar. 9, 2025

Last modified:
Sep. 22, 2014

§ 916’s source at

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