New York § 1072 - 1072Defendant may consent to pay it; proceedings thereupon

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

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