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N.Y. Real Property Actions & Proceedings Law § 1075

Liens to be ascertained

2014-09-22

§ 1075. Liens to be ascertained. Before an interlocutory judgment is\nrendered for the sale of the property, the court must direct a reference\nto ascertain whether any person not a party, has a lien upon the\nproperty, or any part thereof. But the court may direct or dispense\nwith such reference, in its discretion, where a party produces a search,\ncertified by the clerk, or by the clerk and register as the case\nrequires, of the county where the property is situated and it appears\ntherefrom, and by the affidavits, if any, produced therewith, that there\nis no such outstanding lien. Except as otherwise expressly prescribed\nin this article, the proceedings upon and subsequent to the reference\nmust be the same as prescribed by law where a reference is made in an\naction for partition to ascertain whether there is a creditor not a\nparty who has a lien on the share or interest of a party.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.