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N.Y. Real Property Actions & Proceedings Law § 918

Interlocutory judgment directing sale or exception of lien or dower interest

2014-09-22

§ 918. Interlocutory judgment directing sale or exception of lien or\ndower interest. 1. An interlocutory judgment directing the sale of the\nproperty may direct that the premises sold shall be free from the lien\nof every debt of a decedent, from whom the plaintiff's title is derived,\nor of a decedent who, if living, should be a party to the action, except\ndebts which were a lien upon the premises before the death of such\ndecedent.\n 2. Where a party has an existing right of dower in the entire property\ndirected to be sold, at the time when an interlocutory judgment for a\nsale is rendered in an action for partition, the court shall determine\nwhether the interests of all the parties require that the right of dower\nshould be excepted from the sale or that it should be sold. If a sale of\nthe property, including the right of dower, is directed, the interest of\nthe party entitled to the right of dower shall pass thereby; and the\npurchaser, his heirs and assigns, shall hold the property free and\ndischarged from any claim by virtue of that right.\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.