2006 New York Code - Liens To Be Ascertained.



 
    §  1075.  Liens to be ascertained. Before an interlocutory judgment is
  rendered for the sale of the property, the court must direct a reference
  to ascertain whether any person  not  a  party,  has  a  lien  upon  the
  property,  or  any  part thereof.   But the court may direct or dispense
  with such reference, in its discretion, where a party produces a search,
  certified by the clerk, or  by  the  clerk  and  register  as  the  case
  requires,  of  the  county where the property is situated and it appears
  therefrom, and by the affidavits, if any, produced therewith, that there
  is no such outstanding lien.  Except as otherwise  expressly  prescribed
  in  this  article,  the proceedings upon and subsequent to the reference
  must be the same as prescribed by law where a reference is  made  in  an
  action  for  partition  to  ascertain  whether there is a creditor not a
  party who has a lien on the share or interest of a party.

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