Section 1515. Complaint  


Latest version.
  • 1.  The  complaint must state that the action is
      brought pursuant to this article and must set forth facts showing:
        a. The plaintiff's estate  or  interest  in  the  real  property,  the
      particular  nature  of  such  estate or interest, and the source from or
      means by which the plaintiff's estate or interest immediately accrued to
      him; and if his estate or interest therein is for a term of years,  that
      the balance remaining of such term of years is not less than five.
        b.  That  the  defendant  claims,  or  that it appears from the public
      records or from the allegations of the  complaint,  that  the  defendant
      might  claim an estate or interest in the real property, adverse to that
      of the plaintiff, and the particular nature of such estate or  interest.
      Where the people of the state of New York are made a party defendant, as
      provided  in this article, the summons and complaint must be served upon
      the attorney-general who must appear in behalf of the  people,  and  the
      complaint  shall  set forth detailed facts showing the particular nature
      of the estate or interest and the reason for making the people  a  party
      defendant.  Upon  failure  to  state  such facts, the complaint shall be
      dismissed as to the people of the state of New York.
        c. Whether  any  defendant  is  known  or  unknown,  and  whether  any
      defendant  is  or might be an infant, mentally retarded, mentally ill or
      an alcohol abuser.
        d. Whether the judgment will or might affect a person or  persons  not
      in  being  or  ascertained at the commencement of the action, who by any
      contingency contained in a devise or grant or otherwise, could afterward
      become entitled to a beneficial  estate  or  interest  in  the  property
      involved; and whether every person in being who would have been entitled
      to such estate or interest if such event had happened immediately before
      the commencement of the action is named as a party thereto.
        2.  The  complaint  must  describe  the  property  claimed with common
      certainty, by setting forth the name of the township or  tract  and  the
      number of the lot, if there is any, or in some other appropriate manner,
      so  that  from the description possession of the property claimed may be
      delivered where the plaintiff is entitled thereto, and  may  contain  an
      allegation  that  no  personal claim is made against any defendant other
      than a defendant who shall assert a claim adverse to the  claim  of  the
      plaintiff  set forth in the complaint. The demand for judgment may be to
      the effect that the defendant and every person  claiming  under  him  be
      barred from all claim to an estate or interest in the property described
      in the complaint, or that possession be awarded the plaintiff, or it may
      combine  two  or  more of said demands with other demand for appropriate
      relief.
        3. In an action brought as specified in subdivision 3 of section 1501,
      if the complaint admits the defendant's right of dower in  the  property
      described  therein, or in any part thereof, it must demand judgment that
      her dower be admeasured.