2006 New York Code - Effect Of Judgment.



 
    §  1531.  Effect  of  judgment. 1. A final judgment in favor of either
  party,  in  an  action  brought  as  prescribed  in  this  article,   is
  conclusive, as to the title established in the action, against the other
  party,  known  or  unknown,  including  an  infant,  a mentally retarded
  person, a mentally ill person, or an alcohol abuser,  and  also  against
  every  person  claiming  from,  through  or  under  that party, by title
  accruing after the filing of the judgment roll, or of the notice of  the
  pendency  of  the action, as prescribed by law; also against each person
  not in being or ascertained at the commencement of the  action,  who  by
  any  contingency  contained  in  a  devise  or grant or otherwise, could
  afterward become entitled to a beneficial  estate  or  interest  in  the
  property  involved,  provided  that every person in being who would have
  been entitled to such estate or interest  if  such  event  had  happened
  immediately before the commencement of the action is a party thereto, or
  that a guardian ad litem is appointed, as prescribed by section 1513.
    2. A new trial of said action after judgment shall not be granted as a
  matter of right, but the court may, in its discretion in the interest of
  justice,  grant a new trial upon an application made by any party within
  one year after said judgment. Upon any new trial of an action brought as
  prescribed in this article, the record of the evidence  given  upon  the
  previous  trial  may  be again offered to the court by either party, and
  may be received in evidence, in case the same evidence cannot  be  again
  procured. The courts may make such rules and orders as to preserving the
  record of the evidence given in such actions and perpetuating the proofs
  produced  therein,  either  with  or  without  the awarding of any other
  relief to the party  whose  proofs  are  so  perpetuated,  as  shall  be
  necessary or proper, and may embrace such directions in the judgment.

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