2006 New York Code - Effect Of Application To Surrogate To Sell Real Property

 
  § 12-2.3 Effect of application to surrogate to sell real property
    If, during the pendency of an action to enforce a liability created by
  this  article  against  a  distributee  or  devisee  of real property, a
  proceeding is pending or is  subsequently  commenced  for  the  judicial
  settlement  of  the  account  of the personal representative, the action
  insofar as it affects any real property of the decedent shall be  stayed
  until  the accounting proceeding is concluded without an application for
  an order, under SCPA article 19, to dispose  of  real  property  of  the
  decedent  for  the  payment of debts, funeral or administration expenses
  having been made or, if made, without such an order having been granted.
  If such an order is granted, the action shall be  dismissed  as  to  the
  real  property  ordered  to be disposed of and the plaintiff remitted to
  the enforcement of his rights against the proceeds of the real  property
  held by the personal representative.  Nothing contained herein precludes
  a  person  from  asserting any right he may have under this article with
  respect to any other property of the decedent.