N.Y. Real Property Actions & Proceedings Law § 1746

§ 1746. When particular estates to be included in disposition. When\nthe real property, or interest in real property, directed to be sold is\nsubject, absolutely or contingently, to a right of dower or an estate\nfor life, or for years, in the whole or any part thereof, the person\nhaving the prior right or estate may manifest in writing his consent,\neither to receive from the proceeds of the sale a gross sum to be fixed\naccording to the principles of law applicable to annuities, in\nsatisfaction of his right or estate, or to have a proportionate share of\nthe proceeds of the sale invested, and the interest thereof paid to him,\nfrom the time of the investment or of the commencement of his right or\nestate, as justice requires, until the determination of his right or\nestate. Upon filing the consent with the clerk, the judgment, in the\ndiscretion of the court, may direct a sale of the entire property to\nwhich the right or estate attaches.\n