NY State — NY Real Property Actions & Proceedings Law

§ 1062 — SECTION 1062 Plaintiff may recover sum awarded; court may modify judgment

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

What is NY RPAPL § 1062?

Quick Answer

This section allows a plaintiff to recover unpaid sums awarded for dower from the property owner. It provides the option to maintain an action for the sale of the property to enforce payment of due instalments. The court may also modify the judgment based on changes in the property's rental value. Applies to property owners involved in dower claims.

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

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§ 1062 SECTION 1062 Plaintiff may recover sum awarded; court may modify judgment

RPAPL § 1062

The plaintiff may, from time to time, maintain an action against the owner, or a person who was the owner of the property, to recover any instalment of the sum, so awarded to her for her dower, which became due during his ownership, and remains unpaid. Or, if an instalment remains due and unpaid, she may maintain an action to procure a sale of the property, and enforce the payment of the instalments, due and to become due, out of the proceeds of the sale. Such an action must be conducted as if the charge upon the real property was a mortgage to the same effect. If, at any time, it is made to appear to the court that the rental value of the real property has materially increased or diminished, the court may, by an order, to be made upon notice to all the persons interested, modify the final judgment by increasing or diminishing the sum to be paid to the plaintiff.

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