LegalFix

1974 - Decision and Judgment of Court.

NY Real Prop Actions L § 1974 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(b) Notwithstanding paragraph (a) of this subdivision, if the department has brought a proceeding pursuant to section nineteen hundred seventy-three of this chapter based on a finding of abandonment pursuant to paragraph (c) of subdivision one of section nineteen hundred seventy-one of this chapter, the court may not grant a stay for more than six months, nor extend it for more than an additional three months. 3. Upon a finding by the court that the dwelling is abandoned, the court shall enter a final judgment in favor of the petitioner. The fact that an administrator has been appointed pursuant to article seven-A of this chapter shall not prevent the court from entering a final judgment in favor of the petitioner upon a finding by the court that the dwelling is abandoned. The final judgment shall direct such officer of the city, town or village in which the dwelling is located as may be designated in the judgment to execute and record a deed conveying title of the premises to the city, town or village thirty days after entry of judgment. Upon the entry of such judgment the city, town or village shall be seized of an estate in fee simple absolute in such land and all persons, including the state of New York, infants, incompetents, absentees and non-residents who may have had any right, title, interest, claim, lien or equity of redemption in or upon such lands shall be barred and forever foreclosed of all such right, title, interest, claim, lien or equity of redemption. 4. The provisions of section three hundred seventeen of the civil practice law and rules shall not apply to a proceeding instituted pursuant to this article. A motion or action to set aside a judgment in a proceeding instituted prusuant to this article on the grounds either that there was a failure to comply with the provisions of this article as to notice or that a defect in the proceeding prejudiced a substantial right of a party may be instituted within ninety days after the deed vesting title in a city has been recorded, but not thereafter. 5. The right, title and interest of a purchaser or incumbrancer of a property as to which a deed vesting title in a city, town or village has been recorded pursuant to a judgment obtained through this article shall not be affected or impaired by a motion or action instituted more than ninety days after such deed vesting title in a city, town or village has been recorded.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
1974 - Decision and Judgment of Court.