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This entry was published on 2014-09-22
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Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 15
§ 1521. Judgment. 1. Final judgment in the action shall declare the
validity of any claim to any estate or interest established by any party
to the action. The judgment shall also declare that any party whose
claim to an estate or interest in the property has been adjudged
invalid, and every person claiming under him, by title accruing after
the filing of the judgment-roll, or of the notice of the pendency of the
action, as prescribed by law, be forever barred from asserting such
claim to an estate or interest the invalidity of which is established in
the action, and may direct that any instrument purporting to create any
such estate or interest be delivered up or cancelled of record or be
reformed of record as the facts may require. Judgment may also be given
awarding possession of real property to any party together with his
damages for the withholding of such property and two or more of such
forms of judgment may be awarded in the same action.

2. If one of the parties to the action is the people of the state and
the judgment adversely affects the title, interest or claim of the
people of the state based upon a tax deed, the judgment shall also
provide in effect as follows:

a. That the people of the state of New York shall have a lien upon
such real property or part thereof described in such tax deed, prior and
superior to all other liens, (1) for the amount of the unpaid taxes not
adjudged illegal in such action for which such real property was sold or
liable to be sold in the first instance and for which such tax deed was
issued, together with fees, charges and interest; (2) for the amount of
the unpaid taxes not adjudged illegal in such action for which such real
property was subsequently sold or liable to be sold, together with fees,
charges and interest; (3) for the amount of all taxes, fees and charges
admitted or paid by the people upon such real property to the date of
the entry of such judgment, together with interest thereon from the date
of such admission or payment. In the determination of the amount of such
lien, establishment of payments of taxes on said land by the adjudged or
admitted owner of the property during any of the same years in which
payments were also made by the people of the state of New York shall
reduce the lien of the people by the larger of the two tax payments for
each of the years affected by duplicate payments, and in the event that
wholly identical areas are not affected by the duplicate payments the
court shall have power to apportion and adjust the amount of the lien as
equity may require;

b. That the people of the state of New York may foreclose such lien as
a mortgage on real property is foreclosed, provided such lien remains
unpaid after the expiration of one year from the entry of such judgment.

The remedy provided by this subdivision for recovery of tax payments
shall be in addition to any other remedy now or hereafter available in
law or in equity.

3. If a judgment described in subdivision 1 or subdivision 2 is taken
upon the defendant's default in appearing or pleading, it shall not
award costs to either party, unless it be taken upon a default in
answering after the decision of a motion addressed to the complaint. A
defendant against whom no personal claim is made in the complaint shall
not be entitled to costs unless awarded by the court when such defendant
asserts in his answer and establishes a claim in said lands adverse to
the claim of the plaintiff in said action.

4. Where a verdict, report, or decision is rendered, as prescribed by
subdivision 4 of section 1519, final judgment to that effect must be
rendered accordingly, without damages. In such a case, an execution for
the delivery of the possession of the property may be issued upon the
judgment; but only by the special order of the court, made upon an
application by the defendant, or a person claiming under him, and upon
satisfactory proof that the time has arrived when, or the contingency
has happened upon which, the applicant is entitled to possession by the
terms of the judgment.

5. Where the judgment directs that an instrument be delivered up,
cancelled or reformed of record, or that real property be conveyed, if
the direction is disobeyed, the court, by order, besides punishing the
disobedience as a contempt, may require the sheriff to take, and deposit
or deliver, the instrument or to convey the real property, or to perform
the required acts in conformity with the direction of the court.