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This entry was published on 2022-07-29
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Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 15
§ 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

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.