2006 New York Code - Judgment.



 
    §  1521.  Judgment.  1. Final judgment in the action shall declare the
  validity of any claim to any estate or interest established by any party
  to the action. The judgment shall also  declare  that  any  party  whose
  claim  to  an  estate  or  interest  in  the  property has been adjudged
  invalid, and every person claiming under him, by  title  accruing  after
  the filing of the judgment-roll, or of the notice of the pendency of the
  action,  as  prescribed  by  law,  be forever barred from asserting such
  claim to an estate or interest the invalidity of which is established in
  the action, and may direct that any instrument purporting to create  any
  such  estate  or  interest  be delivered up or cancelled of record or be
  reformed of record as the facts may require. Judgment may also be  given
  awarding  possession  of  real  property  to any party together with his
  damages for the withholding of such property and two  or  more  of  such
  forms of judgment may be awarded in the same action.
    2.  If one of the parties to the action is the people of the state and
  the judgment adversely affects the  title,  interest  or  claim  of  the
  people  of  the  state  based  upon  a tax deed, the judgment shall also
  provide in effect as follows:
    a. That the people of the state of New York shall  have  a  lien  upon
  such real property or part thereof described in such tax deed, prior and
  superior  to all other liens, (1) for the amount of the unpaid taxes not
  adjudged illegal in such action for which such real property was sold or
  liable to be sold in the first instance and for which such tax deed  was
  issued,  together with fees, charges and interest; (2) for the amount of
  the unpaid taxes not adjudged illegal in such action for which such real
  property was subsequently sold or liable to be sold, together with fees,
  charges and interest; (3) for the amount of all taxes, fees and  charges
  admitted  or  paid  by the people upon such real property to the date of
  the entry of such judgment, together with interest thereon from the date
  of such admission or payment. In the determination of the amount of such
  lien, establishment of payments of taxes on said land by the adjudged or
  admitted owner of the property during any of the  same  years  in  which
  payments  were  also  made  by the people of the state of New York shall
  reduce the lien of the people by the larger of the two tax payments  for
  each  of the years affected by duplicate payments, and in the event that
  wholly identical areas are not affected by the  duplicate  payments  the
  court shall have power to apportion and adjust the amount of the lien as
  equity may require;
    b. That the people of the state of New York may foreclose such lien as
  a  mortgage  on  real property is foreclosed, provided such lien remains
  unpaid after the expiration of one year from the entry of such judgment.
    The remedy provided by this subdivision for recovery of  tax  payments
  shall  be  in addition to any other remedy now or hereafter available in
  law or in equity.
    3. If a judgment described in subdivision 1 or subdivision 2 is  taken
  upon  the  defendant's  default  in  appearing or pleading, it shall not
  award costs to either party, unless  it  be  taken  upon  a  default  in
  answering  after  the decision of a motion addressed to the complaint. A
  defendant against whom no personal claim is made in the complaint  shall
  not be entitled to costs unless awarded by the court when such defendant
  asserts  in  his answer and establishes a claim in said lands adverse to
  the claim of the plaintiff in said action.
    4. Where a verdict, report, or decision is rendered, as prescribed  by
  subdivision  4  of  section  1519, final judgment to that effect must be
  rendered accordingly, without damages. In such a case, an execution  for
  the  delivery  of  the possession of the property may be issued upon the
  judgment; but only by the special order  of  the  court,  made  upon  an
  application  by  the defendant, or a person claiming under him, and upon
  satisfactory proof that the time has arrived when,  or  the  contingency
  has  happened upon which, the applicant is entitled to possession by the
  terms of the judgment.
    5.  Where  the  judgment  directs  that an instrument be delivered up,
  cancelled or reformed of record, or that real property be  conveyed,  if
  the  direction  is disobeyed, the court, by order, besides punishing the
  disobedience as a contempt, may require the sheriff to take, and deposit
  or deliver, the instrument or to convey the real property, or to perform
  the required acts in conformity with the direction of the court.

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