NY State — NY Real Property Actions & Proceedings Law

§ 1123 — SECTION 1123 Petitioner to give notice of its execution

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

What is NY RPAPL § 1123?

Quick Answer

This section outlines the requirements for a petitioner to provide written notice to the adverse party regarding the execution of a commission. The notice period varies based on the location, requiring two months for the U.S. or Canada, three months for the West Indies, and four months for other locations. Applies to parties involved in civil actions.

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

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§ 1123 SECTION 1123 Petitioner to give notice of its execution

RPAPL § 1123

The petitioner must give to the adverse party, or his attorney, written notice of the time when, and the place where, the commissioner or commissioners will attend, for the purpose of executing the commission, as follows:

a. If the place, where the commission is to be executed, is within the United States, or the dominion of Canada, he must give at least two months' notice;

b. If it is within any of the West India islande, he must give at least three months' notice;

c. In every other case, he must give at least four months' notice.

Notice may be given, as required by this section, by serving it as prescribed by law for the service of a paper upon an attorney in a civil action in the supreme court.

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