2014 New York Laws
RPA - Real Property Actions & Proceedings
Article 9 - (901 - 992) ACTION FOR PARTITION
981 - Costs and expenses.

  981. Costs and expenses. 1. The final judgment for the partition of
  the property must also award that each defendant pay  to  the  plaintiff
  his  proportion  of  the  plaintiff's  costs,  including  the additional
  allowance. The sum to be paid  by  each  must  be  fixed  by  the  court
  according  to the respective rights of the parties, and specified in the
  judgment.
2. If a defendant is unknown, his proportion of  the  costs  shall  be
  fixed  and  specified  in  like  manner. An execution against an unknown
  defendant may be issued to collect the costs awarded against him  as  if
  he  were  named in the judgment; and his right, share or interest in the
  property may be sold by virtue thereof  as  if  he  were  named  in  the
  execution.
3.  Where  final  judgment confirming a sale is rendered, the costs of
  each party to the action and the expenses of  the  sale,  including  the
  officer's  fees,  shall  be  deducted  from the proceeds of the sale and
  distributed as the court shall order. But the court, in its  discretion,
  may  direct that the costs and expenses of any trial, reference or other
  proceeding in the action be paid out of the share of any  party  in  the
  proceeds,  or  may  render  judgment against any party therefor. Where a
  proportion of the proceeds is to be paid to or invested for the  benefit
  of  any  person,  as  prescribed  in  any provision of this article, the
  amount thereof must be determined by the residue of the entire  proceeds
  remaining  after  deducting  the  costs  and expenses chargeable against
  them.
4. The officer making the sale shall pay out of the  proceeds,  unless
  the  judgment otherwise directs, all taxes, assessments and water rates,
  which are liens upon the property sold, and  redeem  the  property  sold
  from  any sales for unpaid taxes, assessments or water rates, which have
  not apparently  become  absolute.  The  sums  necessary  to  make  those
  payments and redemptions are deemed expenses of the sale.
5. After actual partition, the fees and expenses of the commissioners,
  including  the expense of a survey when it is made, shall be taxed under
  the direction of the court, and the amount thereof shall be paid by  the
  plaintiff and allowed as part of his costs.
6.  Fees of surveyor or commissioner in action for partition. The fees
  of a surveyor and a surveyor's assistant, employed as prescribed by  law
  in  an  action  for  partition,  and  of  a  commissioner  appointed  as
  prescribed by law to make partition, shall be the same as those provided
  by section 1052 of this chapter for services rendered in an  action  for
  dower.