NY State — NY Real Property Actions & Proceedings Law

§ 1072 — SECTION 1072 Defendant may consent to pay it; proceedings thereupon

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

What is NY RPAPL § 1072?

Quick Answer

This section allows a defendant to apply for court permission to pay a gross sum related to a dower right before an interlocutory judgment is rendered. The court may ascertain the value of the plaintiff's dower and order payment, with enforcement mechanisms for noncompliance. Applies to defendants in property-related proceedings.

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

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§ 1072 SECTION 1072 Defendant may consent to pay it; proceedings thereupon

RPAPL § 1072

At any time after a consent is filed, as prescribed in section 1071, and before an interlocutory judgment is rendered, any defendant may apply to the court, upon notice, for an order granting him leave to pay such a gross sum. Thereupon the court may, in its discretion, and upon such terms as justice requires, ascertain the value of the plaintiff's right of dower in the property, by a reference or otherwise, and make an order directing payment by the applicant of the sum so ascertained, within a time fixed by the order, not exceeding sixty days after service of a copy thereof and directing the execution by the plaintiff of a release of her right of dower, upon receipt of the money. Obedience to the order may be enforced, either by punishment for contempt, or by striking out the pleading of the offending party and rendering judgment against him or her, in both modes.

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