NY State — NY Real Property Actions & Proceedings Law

§ 1024 — SECTION 1024 Damages apportioned between heir and alienee

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

What is NY RPAPL § 1024?

Quick Answer

This section addresses the apportionment of damages between a widow and the heir of her deceased husband regarding dower rights in real property. It specifies that damages for withholding dower can be claimed separately and outlines how recoveries from the heir and grantee affect each other. Applies to widows seeking recovery of dower damages.

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

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§ 1024 SECTION 1024 Damages apportioned between heir and alienee

RPAPL § 1024

Where a widow recovers dower in real property aliened by the heir of her husband, she may recover, in a separate action against him, her damages for withholding her dower, from the time of the death of her husband to the time of the alienation, not exceeding six years in the whole. The sum recovered from him must be deducted from the sum which she would otherwise be entitled to recover from the grantee; and any sum recovered as damages from the grantee, must be deducted from the sum, which she would otherwise be entitled to recover from the heir.

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