ARTICLE 15

ACTION TO COMPEL THE DETERMINATION OF A CLAIM
TO REAL PROPERTY
Section 1501. Who may maintain an action.
1503. Action to determine claims where foreclosure of mortgage
was void or voidable.
1511. Additional parties.
1513. Guardians ad litem.
1515. Complaint.
1517. Answer.
1519. Proceedings.
1521. Judgment.
1522. Accounting in certain cases.
1523. Judgment of foreclosure in certain cases.
1531. Effect of judgment.
1541. Article applies to corporations and to the people of the
state of New York.
1551. Effect of article.

S 1501. Who may maintain an action. 1. Where a person claims an estate
or interest in real property; or where he claims such estate or interest
as executor or administrator of a deceased person; or where a municipal
corporation has purchased an estate or interest in real property at a
sale conducted by it for unpaid taxes against the property and the time
within which redemption from such sale may be made has expired and such
municipal corporation claims it; such person or municipal corporation,
as the case may be, may maintain an action against any other person,
known or unknown, including one under disability as hereinafter
specified, to compel the determination of any claim adverse to that of
the plaintiff which the defendant makes, or which it appears from the
public records, or from the allegations of the complaint, the defendant
might make; provided, however, that where the estate or interest claimed
by the plaintiff is for a term of years, the action may not be
maintained unless the balance remaining of such term of years is not
less than five.
2. Such action may be maintained, even though the defendant`s claim
appears to be invalid on its face, or the court may have to determine
the death of a person, or any statutory limitation of time, or any other
question of fact or law upon which an adjudication of the adverse claims
of the parties may depend.
3. An action against a woman who claims a right of dower in the whole
or a part of the property cannot be commenced until the expiration of
four months after the death of defendant`s husband.
4. Where the period allowed by the applicable statute of limitation
for the commencement of an action to foreclose a mortgage, or to enforce
a vendor`s lien, has expired, any person having an estate or interest in
the real property subject to such encumbrance may maintain an action
against any other person or persons, known or unknown, including one
under disability as hereinafter specified, to secure the cancellation
and discharge of record of such encumbrance, and to adjudge the estate
or interest of the plaintiff in such real property to be free therefrom;
provided, however, that no such action shall be maintainable in any case
where the mortgagee, holder of the vendor`s lien, or the successor of
either of them shall be in possession of the affected real property at
the time of the commencement of the action. In any action brought under
this section it shall be immaterial whether the debt upon which the
mortgage or lien was based has, or has not, been paid; and also whether
the mortgage in question was, or was not, given to secure a part of the
purchase price.
5. The interest had by any mortgagee or contract vendee of real
property or by any successor in interest of either of them, is an
"interest in real property" as that phrase is used in this article of
the real property actions and proceedings law.

S 1503. Action to determine claims where foreclosure of mortgage was
void or voidable. When real property has been sold pursuant to a
judgment in an action to foreclose a mortgage under article 13 of this
chapter or pursuant to article 14 of this chapter, or has been conveyed
to the mortgagee or the designee of such mortgagee by deed in lieu of
foreclosure, and it appears from the public records or from the
allegations of the complaint that such judgment, sale or conveyance was
or may have been, for any reason, void or voidable as against any
person, including an owner of the real property mortgaged, the purchaser
or such mortgagee or designee, or the successor of any such person, in
possession of such real property, may maintain an action as provided in
this article to determine the right of any person to set aside such
judgment, sale or conveyance or to enforce an equity of redemption or to
recover possession of the property, or the right of any junior mortgagee
to foreclose a mortgage. Such action may be maintained even though an
action against the defendant to foreclose the mortgage under which the
judgment, sale or conveyance was made, or to extinguish a right of
redemption, would be barred by the statutes of limitation.

S 1511. Additional parties. 1. In an action brought under this
article, the person in possession shall be made a party to the action,
and when such person claims the right of possession, or an interest in
the real property, under another, such other person shall also be made a
party.
2. Where it appears to the court that a person not a party to the
action may have an estate or interest in the real property which may in
any manner be affected by the judgment, the court, upon application of
such person, or of any party to the action, or on its own motion, may
direct that such person be made a party.

S 1513. Guardians ad litem. If it shall appear by the complaint or is
otherwise made to appear to the court at any time before a final
judgment, that a defendant is or might be an infant, or incompetent to
manage himself or his affairs, or that a future interest in the affected
real property has been so limited that as yet there are neither certain
nor presumptive owners thereof in being or ascertained, such court shall
appoint a guardian ad litem who shall represent and protect such infant
or incompetent, or the possible interests of the person or persons who
eventually may become entitled to such real property or to an interest
therein under such limitation, and in case of the death or failure or
inability of such guardian to act, a successor, who shall appear for
such infant or incompetent or for such possible interests until the
termination of such action.

S 1515. Complaint. 1. The complaint must state that the action is
brought pursuant to this article and must set forth facts showing:
a. The plaintiff`s estate or interest in the real property, the
particular nature of such estate or interest, and the source from or
means by which the plaintiff`s estate or interest immediately accrued to
him; and if his estate or interest therein is for a term of years, that
the balance remaining of such term of years is not less than five.
b. That the defendant claims, or that it appears from the public
records or from the allegations of the complaint, that the defendant
might claim an estate or interest in the real property, adverse to that
of the plaintiff, and the particular nature of such estate or interest.
Where the people of the state of New York are made a party defendant, as
provided in this article, the summons and complaint must be served upon
the attorney-general who must appear in behalf of the people, and the
complaint shall set forth detailed facts showing the particular nature
of the estate or interest and the reason for making the people a party
defendant. Upon failure to state such facts, the complaint shall be
dismissed as to the people of the state of New York.
c. Whether any defendant is known or unknown, and whether any
defendant is or might be an infant, mentally retarded, mentally ill or
an alcohol abuser.
d. Whether the judgment will or might affect a person or persons not
in being or ascertained at the commencement of the action, who by any
contingency contained in a devise or grant or otherwise, could afterward
become entitled to a beneficial estate or interest in the property
involved; and whether every person in being who would have been entitled
to such estate or interest if such event had happened immediately before
the commencement of the action is named as a party thereto.
2. The complaint must describe the property claimed with common certainty, by setting forth the name of the township or tract and the number of the lot, if there is any, or in some other appropriate manner, so that from the description possession of the property claimed may be delivered where the plaintiff is entitled thereto, and may contain an allegation that no personal claim is made against any defendant other
than a defendant who shall assert a claim adverse to the claim of the plaintiff set forth in the complaint. The demand for judgment may be to the effect that the defendant and every person claiming under him be barred from all claim to an estate or interest in the property described in the complaint, or that possession be awarded the plaintiff, or it may
combine two or more of said demands with other demand for appropriate relief.
3. In an action brought as specified in subdivision 3 of section 1501, if the complaint admits the defendant`s right of dower in the property described therein, or in any part thereof, it must demand judgment that her dower be admeasured.

S 1517. Answer. The defendant may, in his answer, deny any material allegation of the complaint controverted by him, or any knowledge or information thereof sufficient to form a belief, or may set forth facts constituting a defense; and thereupon he may demand judgment dismissing the complaint. He may also set forth facts as a counterclaim for the same cause of action; or the defendant may set forth facts showing that he has an estate or interest in said property; and thereupon he may demand any judgment to which he would be entitled in an action brought by him to recover that estate or to enforce in any manner the interest which he asserts in such property; or he may combine any two or more of said demands.

S 1519. Proceedings. 1. In an action maintained under this article, the proceedings shall be governed by the provisions regulating civil actions, except as otherwise provided in this article. 2. When service of the summons on any defendant is made by publication, the order for such service shall direct that any papers required by such order to be mailed to such defendant shall be sent by registered mail, and when such mailing is required shall also direct that an affidavit, by or on behalf of the plaintiff, be filed stating that such papers were mailed as required by such order. 3. Whenever a claim of right to immediate possession is in issue, the person in possession shall be presumed to have the right to such possession, but such presumption may be rebutted.

4. Where any party claims the real property in question, or any part thereof, by virtue of an estate in reversion or in remainder, whether vested or contingent, and the verdict, report, or decision finds that he has such an estate, it must specify the time when, or the contingency upon which, he will be entitled to possession.

5. Where the complaint demands, as provided in subdivision 3 of section 1515 of this article, that the defendant`s dower be admeasured, and the defendant does not, by her answer, set forth facts showing that she is entitled to a greater right of dower, or another estate or interest in the property, than that admitted by the plaintiff, and demand judgment therefor, as if she were the plaintiff in an action for dower, the court must render an interlocutory judgment, directing her dower to be admeasured, with or without damages for its detention, as in
an action for dower. The subsequent proceedings shall be the same, as if the defendant had, as plaintiff, recovered an interlocutory judgment in an action for dower.

S 1521. Judgment. 1. Final judgment in the action shall declare the validity of any claim to any estate or interest established by any party to the action. The judgment shall also declare that any party whose claim to an estate or interest in the property has been adjudged invalid, and every person claiming under him, by title accruing after the filing of the judgment-roll, or of the notice of the pendency of the action, as prescribed by law, be forever barred from asserting such
claim to an estate or interest the invalidity of which is established in the action, and may direct that any instrument purporting to create any such estate or interest be delivered up or cancelled of record or be reformed of record as the facts may require. Judgment may also be given awarding possession of real property to any party together with his
damages for the withholding of such property and two or more of such forms of judgment may be awarded in the same action.
2. If one of the parties to the action is the people of the state and the judgment adversely affects the title, interest or claim of the people of the state based upon a tax deed, the judgment shall also provide in effect as follows:
a. That the people of the state of New York shall have a lien upon
such real property or part thereof described in such tax deed, prior and superior to all other liens, (1) for the amount of the unpaid taxes not adjudged illegal in such action for which such real property was sold or liable to be sold in the first instance and for which such tax deed was issued, together with fees, charges and interest; (2) for the amount of the unpaid taxes not adjudged illegal in such action for which such real property was subsequently sold or liable to be sold, together with fees,
charges and interest; (3) for the amount of all taxes, fees and charges admitted or paid by the people upon such real property to the date of the entry of such judgment, together with interest thereon from the date of such admission or payment. In the determination of the amount of such
lien, establishment of payments of taxes on said land by the adjudged or admitted owner of the property during any of the same years in which payments were also made by the people of the state of New York shall reduce the lien of the people by the larger of the two tax payments for each of the years affected by duplicate payments, and in the event that
wholly identical areas are not affected by the duplicate payments the court shall have power to apportion and adjust the amount of the lien as equity may require;
b. That the people of the state of New York may foreclose such lien as a mortgage on real property is foreclosed, provided such lien remains unpaid after the expiration of one year from the entry of such judgment.
The remedy provided by this subdivision for recovery of tax payments shall be in addition to any other remedy now or hereafter available in law or in equity.
3. If a judgment described in subdivision 1 or subdivision 2 is taken upon the defendant`s default in appearing or pleading, it shall not award costs to either party, unless it be taken upon a default in answering after the decision of a motion addressed to the complaint. A defendant against whom no personal claim is made in the complaint shall not be entitled to costs unless awarded by the court when such defendant
asserts in his answer and establishes a claim in said lands adverse to the claim of the plaintiff in said action.
4. Where a verdict, report, or decision is rendered, as prescribed by subdivision 4 of section 1519, final judgment to that effect must be rendered accordingly, without damages. In such a case, an execution for the delivery of the possession of the property may be issued upon the judgment; but only by the special order of the court, made upon an application by the defendant, or a person claiming under him, and upon
satisfactory proof that the time has arrived when, or the contingency has happened upon which, the applicant is entitled to possession by the terms of the judgment.
5. Where the judgment directs that an instrument be delivered up,
cancelled or reformed of record, or that real property be conveyed, if
the direction is disobeyed, the court, by order, besides punishing the
disobedience as a contempt, may require the sheriff to take, and deposit
or deliver, the instrument or to convey the real property, or to perform
the required acts in conformity with the direction of the court.

S 1522. Accounting in certain cases. In an action brought under
section 1503 the court shall direct such accounting as justice requires
in the circumstances for rents and profits of the property or the value
of the use and occupation during the period subsequent to the original
sale or conveyance in lieu of foreclosure during which possession of the
property was held by the plaintiff or by any other party to the action.

S 1523. Judgment of foreclosure in certain cases. 1. In an action
under section 1503 if it shall appear to the court that there was a
defect in the original foreclosure proceedings and such defect was not
occasioned by the fraud or wilful neglect of the plaintiff, the judgment
may foreclose or reforeclose the mortgage pursuant to article 13 of this
chapter, notwithstanding that an action to foreclose the mortgage would
otherwise be barred; provided, however, that no recovery shall be
granted for any residue of the debt, remaining unsatisfied, if an action
to foreclose the mortgage would otherwise be barred.
2. If it shall appear to the court in any such action that the defect
in the foreclosure proceedings was not due to fraud or wilful neglect of
the plaintiff and that the defendant or the person under whom he claims
was not actually prejudiced thereby, the judgment may fix a time for
redemption of the property and provide that a failure to redeem within
such time shall thereafter preclude the defendant from redeeming the
property or claiming any right, title or interest therein.
3. If a redemption of the property is ordered, the court must direct
that the value of any improvement to the property made subsequent to the
original sale or conveyance in lieu of foreclosure shall be added in
computing the amount necessary to redeem the premises, in the same
manner as if the value of such improvements was a portion of the
mortgage debt.
4. If a new sale of the premises is ordered, the court may include in
the judgment a provision awarding to the plaintiff the value of any
improvements to the property made subsequent to the original sale or
conveyance in lieu of foreclosure, in the same manner as if the value of
such improvements was a portion of the mortgage debt.
5. The relief provided for in subdivision two of this section shall
not be granted unless
a. the mortgage was executed after September 1, 1951, or
b. the defendant whose right title or interest will be extinguished by
failure to redeem the property within the time fixed by the judgment
held such right to redeem only by virtue of a subordinate mortgage or
other lien, and an action to foreclose such right of redemption would
not be barred at the time this act shall take effect.
The relief provided for in subdivision four of this section shall not
be granted unless the improvements were made after September 1, 1951,
except to the extent that a recovery, allowance or credit for or on
account of the value of any improvements, including improvements made
prior to the effective date of this act, might be granted, in any other
action or proceeding, to the person maintaining the action provided for
in section 1503.

S 1531. Effect of judgment. 1. A final judgment in favor of either
party, in an action brought as prescribed in this article, is
conclusive, as to the title established in the action, against the other
party, known or unknown, including an infant, a mentally retarded
person, a mentally ill person, or an alcohol abuser, and also against
every person claiming from, through or under that party, by title
accruing after the filing of the judgment roll, or of the notice of the
pendency of the action, as prescribed by law; also against each person
not in being or ascertained at the commencement of the action, who by
any contingency contained in a devise or grant or otherwise, could
afterward become entitled to a beneficial estate or interest in the
property involved, provided that every person in being who would have
been entitled to such estate or interest if such event had happened
immediately before the commencement of the action is a party thereto, or
that a guardian ad litem is appointed, as prescribed by section 1513.
2. A new trial of said action after judgment shall not be granted as a
matter of right, but the court may, in its discretion in the interest of
justice, grant a new trial upon an application made by any party within
one year after said judgment. Upon any new trial of an action brought as
prescribed in this article, the record of the evidence given upon the
previous trial may be again offered to the court by either party, and
may be received in evidence, in case the same evidence cannot be again
procured. The courts may make such rules and orders as to preserving the
record of the evidence given in such actions and perpetuating the proofs
produced therein, either with or without the awarding of any other
relief to the party whose proofs are so perpetuated, as shall be
necessary or proper, and may embrace such directions in the judgment.

S 1541. Article applies to corporations and to the people of the state
of New York. An action may be maintained, as prescribed in this article,
by or against a corporation, or by or against an unincorporated
association, as if it were a natural person, or such an action may be
maintained by or against the receiver or other successor of any such
corporation or association, or by or against the people of the state of
New York, and the use of the masculine gender or of the term person in
this article includes the people of the state of New York.

S 1551. Effect of article. Nothing contained in this article shall be
construed to limit any other remedy in law or equity.