NY State — NY Real Property Actions & Proceedings Law

§ 1311 — SECTION 1311 Necessary defendants

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

What is NY RPAPL § 1311?

Quick Answer

This section outlines the necessary defendants that must be included in actions concerning liens on real property. It specifies various parties with interests in the property, including tenants, those with dower rights, and lienholders. Applies to parties involved in real estate transactions and lien enforcement.

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

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§ 1311 SECTION 1311 Necessary defendants

RPAPL § 1311

Each of the following persons, whose interest is claimed to be subject and subordinate to the plaintiff's lien, shall be made a party defendant to the action:

1.Every person having an estate or interest in possession, or otherwise, in the property as tenant in fee, for life, by the curtesy, or for years, and every person entitled to the reversion, remainder, or inheritance of the real property, or of any interest therein or undivided share thereof, after the determination of a particular estate therein.

2.Every person having a right of dower or an inchoate right of dower in the real property or any part or share thereof.

3.Every person having any lien or incumbrance upon the real property which is claimed to be subject and subordinate to the lien of the plaintiff.

4.Where the mortgage is upon any of the public utilities regulated by the public service law, the public service commission.

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