2006 New York Code - Necessary Defendants.

 
    §  1011.  Necessary  defendants.  Where the property in which dower is
  claimed  is  actually  occupied,  the  occupant  thereof  must  be  made
  defendant in the action. Where it is not so occupied, the action must be
  brought  against  some person exercising acts of ownership thereupon, or
  claiming title thereto, or an interest  therein,  at  the  time  of  the
  commencement of the action.