New York § 611 - 611Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee

§ 611. 611Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee

§ 611. Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee. The action cannot be maintained: 1. Where an action for dower may be maintained. 2. Where the real property consists of a strip of land not exceeding six inches in width upon which there stands the exterior wall of a building erected partly upon said strip and partly upon the adjoining lot, and a building has been erected upon land of the plaintiff abutting on the said wall, unless said action be commenced within one year after the completion of the erection of such wall. But an action may be maintained if commenced within the further period of one year, for the recovery of damages by reason of the erection of such wall, and upon the satisfaction of the judgment for such damages the title of the plaintiff to such strip of land shall thereby be transferred to and vest in the defendant. If an action for the recovery of real property or damages is not brought within the period hereby limited therefor, the person in possession of such lands shall be deemed to have an easement in said strip of land so long as the said wall partly erected thereon shall stand, and no longer, and in case of the destruction of such wall the owner of such strip shall have the same right to take or recover the possession thereof as if such wall had never existed. 3. By a mortgagee, or his assignee, or other representative.