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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 774?

Quick Answer

This section outlines the procedure for trials involving triable issues of fact, specifying that such trials are to be conducted by the court without a jury. The court has the discretion to grant adjournments for up to five days upon request or consent of the parties involved. Applies to parties involved in legal proceedings under the Real Property Actions and Proceedings Law.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 774 SECTION 774 Trial

RPAPL § 774

Where triable issues of fact are raised, they shall be tried by the court without a jury at the time when issue is joined. However, the court, in its discretion, may grant an adjournment of such trial at request of either party, if it determines that an adjournment is necessary to enable either of the parties to procure the necessary witnesses, or upon consent of all the parties who appear. Such adjournment shall not be for more than five days except by consent of all the parties who appear.

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