New York § 1515 - 1515Complaint

§ 1515. 1515Complaint

§ 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, have a developmental disability or mental illness, or abuse alcohol. 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.