2006 New York Code - Interlocutory Judgment Directing Partial Partition.



 
    §  916.  Interlocutory judgment directing partial partition. Where the
  right, share and interest of a  party  has  been  ascertained,  and  the
  rights,  shares  or interests of the other parties as between themselves
  remain unascertained, an interlocutory judgment for  a  partition  shall
  direct  a  partition  as  between  the  party  whose  share  has been so
  determined and the other parties to the action. Where the rights, shares
  and interests of two or more parties  have  been  thus  ascertained  and
  determined,  the  interlocutory  judgment  may also direct the partition
  among them of a part of the property proportionate  to  their  aggregate
  shares.    In  either  case,  the court, from time to time, as the other
  rights,  shares  and  interests   are   ascertained,   may   render   an
  interlocutory  judgment  directing the partition, in like manner, of the
  remainder of the property.  Where an interlocutory judgment is  rendered
  in  a case specified in this section, the court may direct the action to
  be severed, and final judgment  to  be  rendered  with  respect  to  the
  portion  of  the  property set apart to the parties whose rights, shares
  and interests are determined, leaving the action to proceed  as  against
  the  other parties with respect to the remainder of the property; and if
  necessary, the court may direct that one of those parties be substituted
  as plaintiff.

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