2006 New York Code - Who May Maintain An Action.



 
    § 1501. Who may maintain an action. 1. Where a person claims an estate
  or interest in real property; or where he claims such estate or interest
  as  executor or administrator of a deceased person; or where a municipal
  corporation has purchased an estate or interest in real  property  at  a
  sale  conducted by it for unpaid taxes against the property and the time
  within which redemption from such sale may be made has expired and  such
  municipal  corporation  claims it; such person or municipal corporation,
  as the case may be, may maintain an action  against  any  other  person,
  known   or  unknown,  including  one  under  disability  as  hereinafter
  specified, to compel the determination of any claim adverse to  that  of
  the  plaintiff  which  the defendant makes, or which it appears from the
  public records, or from the allegations of the complaint, the  defendant
  might make; provided, however, that where the estate or interest claimed
  by  the  plaintiff  is  for  a  term  of  years,  the  action may not be
  maintained unless the balance remaining of such term  of  years  is  not
  less than five.
    2.  Such  action  may be maintained, even though the defendant's claim
  appears to be invalid on its face, or the court may  have  to  determine
  the death of a person, or any statutory limitation of time, or any other
  question of fact or law upon which an adjudication of the adverse claims
  of the parties may depend.
    3.  An action against a woman who claims a right of dower in the whole
  or a part of the property cannot be commenced until  the  expiration  of
  four months after the death of defendant's husband.
    4.  Where  the  period allowed by the applicable statute of limitation
  for the commencement of an action to foreclose a mortgage, or to enforce
  a vendor's lien, has expired, any person having an estate or interest in
  the real property subject to such encumbrance  may  maintain  an  action
  against  any  other  person  or persons, known or unknown, including one
  under disability as hereinafter specified, to  secure  the  cancellation
  and  discharge  of record of such encumbrance, and to adjudge the estate
  or interest of the plaintiff in such real property to be free therefrom;
  provided, however, that no such action shall be maintainable in any case
  where the mortgagee, holder of the vendor's lien, or  the  successor  of
  either  of  them shall be in possession of the affected real property at
  the time of the commencement of the action. In any action brought  under
  this  section  it  shall  be  immaterial whether the debt upon which the
  mortgage or lien was based has, or has not, been paid; and also  whether
  the  mortgage in question was, or was not, given to secure a part of the
  purchase price.
    5. The interest had by  any  mortgagee  or  contract  vendee  of  real
  property  or  by  any  successor  in  interest  of either of them, is an
  "interest in real property" as that phrase is used in  this  article  of
  the real property actions and proceedings law.

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