2006 New York Code - Default Or Admission.



 
    §  1321.  Default  or admission.   1. If the defendant fails to answer
  within the time allowed or the right of the plaintiff is admitted by the
  answer, upon motion of the plaintiff,  the  court  shall  ascertain  and
  determine  the amount due, or direct a referee to compute the amount due
  to  the  plaintiff  and  to  such  of  the  defendants  as   are   prior
  incumbrancers  of  the  mortgaged  premises,  and  to examine and report
  whether the mortgaged premises can be sold in parcels and, if the  whole
  amount  secured by the mortgage has not become due, to report the amount
  thereafter to become due. Where the defendant is an infant, and has  put
  in  a  general  answer  by  his guardian, or if any of the defendants be
  absentees, the order of reference also shall direct the referee to  take
  proof  of  the  facts  and  circumstances stated in the complaint and to
  examine the plaintiff or his agent, on oath, as to  any  payments  which
  have been made.
    2. When he moves for judgment, the plaintiff shall show whether any of
  the defendants who have not appeared are absentees.

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