2006 New York Code - When Particular Estates To Be Included In Disposition.

    §  1746.  When particular estates to be included in disposition.  When
  the real property, or interest in real property, directed to be sold  is
  subject,  absolutely  or  contingently, to a right of dower or an estate
  for life, or for years, in the whole or any  part  thereof,  the  person
  having  the  prior  right or estate may manifest in writing his consent,
  either to receive from the proceeds of the sale a gross sum to be  fixed
  according   to  the  principles  of  law  applicable  to  annuities,  in
  satisfaction of his right or estate, or to have a proportionate share of
  the proceeds of the sale invested, and the interest thereof paid to him,
  from the time of the investment or of the commencement of his  right  or
  estate,  as  justice  requires,  until the determination of his right or
  estate. Upon filing the consent with the clerk,  the  judgment,  in  the
  discretion  of  the  court,  may direct a sale of the entire property to
  which the right or estate attaches.

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