New York § 1519 - 1519Proceedings

§ 1519. 1519Proceedings

§ 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.