N.Y. Real Property Actions & Proceedings Law Section 928
Effect of judgment after actual partition

A final judgment after actual partition is binding and conclusive upon the following persons, except parties and persons claiming under them whose rights and interests are expressly left unaffected:

1.

The plaintiff; each defendant upon whom the summons was served, either personally or without the state or by publication; and his legal representatives.

2.

Each person claiming from, through or under such a party, by title accruing after the filing of the judgment-roll, or after the filing in the proper county clerk’s office of a notice of the pendency of the action.

3.

Each person not in being when the interlocutory judgment is rendered who, by the happening of any contingency becomes afterwards entitled to a beneficial interest attaching to, or an estate or interest in, a portion of the property, the person first entitled to which, or other virtual representative whereof, was a party specified in the first subdivision of this section.

Source: Section 928 — Effect of judgment after actual partition, https://www.­nysenate.­gov/legislation/laws/RPA/928 (updated Sep. 22, 2014; accessed Dec. 27, 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
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Verified:
Dec. 27, 2025

Last modified:
Sep. 22, 2014

§ 928. Effect of judgment after actual partition's source at nysenate​.gov

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