2015 New York Laws
CVP - Civil Practice Law & Rules
Article 51 - (Civil Practice Law & Rules) ENFORCEMENT OF JUDGMENTS AND ORDERS GENERALLY
5103 - Enforcement of judgment or order directing sale of real property.

NY CPLR § 5103 (2015) What's This?

5103. Enforcement of judgment or order directing sale of real property. (a) Entry in county where real property situated. Where real property directed by a judgment or order to be sold is not situated in the county in which the judgment or order is entered, the judgment or order shall also be entered by the clerk of the county in which the property is situated upon filing with him a certified copy of the judgment or order. A purchaser of the property is not required to pay the purchase money or accept a deed until the judgment or order is so entered.

(b) Place and mode of sale; security. Where a judgment or order directs that real property shall be sold, it shall be sold in such manner as the judgment or order may direct in the county where it is situated by the sheriff of that county or by a referee appointed by the court for the purpose. If the property is situated in more than one county, it may be sold in a county in which any part is situated unless the judgment or order directs otherwise. If a referee is appointed to sell the property, the court may require him to give an undertaking in an amount fixed by it for the proper application of the proceeds of the sale. The conveyance shall specify in the granting clause the party whose right, title or interest is directed to be sold by the judgment or order and is being conveyed.


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