N.Y. Real Property Actions & Proceedings Law § 1011

§ 1011. Necessary defendants. Where the property in which dower is\nclaimed is actually occupied, the occupant thereof must be made\ndefendant in the action. Where it is not so occupied, the action must be\nbrought against some person exercising acts of ownership thereupon, or\nclaiming title thereto, or an interest therein, at the time of the\ncommencement of the action.\n