2015 New York Laws
RPA - Real Property Actions & Proceedings
Article 9 - (Real Property Actions & Proceedings) ACTION FOR PARTITION
968 - Manner of payment of proceeds to owner of particular or future estate.

  968. Manner of payment of proceeds to owner of particular or future
  estate. Whenever the  whole  or  a  part  of  the  proceeds  of  a  sale
  represents  the interest of a particular estate, and also represents one
  or more other interests  subsequent  thereto,  the  power  to  determine
  whether   the   owner   of  the  particular  estate  shall  receive,  in
  satisfaction of his estate or interest, a sum in gross or shall  receive
  the  earnings,  as  they  accrue,  of  a sum invested for his benefit in
  permanent securities at interest, rests in the discretion of the  court,
  except  that  if  all  parties  affected shall have agreed either to the
  payment of a sum in gross or the investment of the  proceeds  the  court
  shall,  by  order, give effect to such agreement. The application of the
  owner of any such particular estate for the award  of  a  sum  in  gross
  shall  be  granted  unless the court finds that unreasonable hardship is
  likely to be caused thereby to the owner of some other interest  in  the
  affected  real property. The application for the award of a sum in gross
  by the owner of some interest in the affected real property  other  than
  the  owner  of the particular estate shall be granted if the court finds
  that  the  granting  of  such  application  is   equitable   under   the
  circumstances.