Section 1521. Judgment  


Latest version.
  • 1. Final judgment in the action shall declare the
      validity of any claim to any estate or interest established by any party
      to the action. The judgment shall also  declare  that  any  party  whose
      claim  to  an  estate  or  interest  in  the  property has been adjudged
      invalid, and every person claiming under him, by  title  accruing  after
      the filing of the judgment-roll, or of the notice of the pendency of the
      action,  as  prescribed  by  law,  be forever barred from asserting such
      claim to an estate or interest the invalidity of which is established in
      the action, and may direct that any instrument purporting to create  any
      such  estate  or  interest  be delivered up or cancelled of record or be
      reformed of record as the facts may require. Judgment may also be  given
      awarding  possession  of  real  property  to any party together with his
      damages for the withholding of such property and two  or  more  of  such
      forms of judgment may be awarded in the same action.
        2.  If one of the parties to the action is the people of the state and
      the judgment adversely affects the  title,  interest  or  claim  of  the
      people  of  the  state  based  upon  a tax deed, the judgment shall also
      provide in effect as follows:
        a. That the people of the state of New York shall  have  a  lien  upon
      such real property or part thereof described in such tax deed, prior and
      superior  to all other liens, (1) for the amount of the unpaid taxes not
      adjudged illegal in such action for which such real property was sold or
      liable to be sold in the first instance and for which such tax deed  was
      issued,  together with fees, charges and interest; (2) for the amount of
      the unpaid taxes not adjudged illegal in such action for which such real
      property was subsequently sold or liable to be sold, together with fees,
      charges and interest; (3) for the amount of all taxes, fees and  charges
      admitted  or  paid  by the people upon such real property to the date of
      the entry of such judgment, together with interest thereon from the date
      of such admission or payment. In the determination of the amount of such
      lien, establishment of payments of taxes on said land by the adjudged or
      admitted owner of the property during any of the  same  years  in  which
      payments  were  also  made  by the people of the state of New York shall
      reduce the lien of the people by the larger of the two tax payments  for
      each  of the years affected by duplicate payments, and in the event that
      wholly identical areas are not affected by the  duplicate  payments  the
      court shall have power to apportion and adjust the amount of the lien as
      equity may require;
        b. That the people of the state of New York may foreclose such lien as
      a  mortgage  on  real property is foreclosed, provided such lien remains
      unpaid after the expiration of one year from the entry of such judgment.
        The remedy provided by this subdivision for recovery of  tax  payments
      shall  be  in addition to any other remedy now or hereafter available in
      law or in equity.
        3. If a judgment described in subdivision 1 or subdivision 2 is  taken
      upon  the  defendant's  default  in  appearing or pleading, it shall not
      award costs to either party, unless  it  be  taken  upon  a  default  in
      answering  after  the decision of a motion addressed to the complaint. A
      defendant against whom no personal claim is made in the complaint  shall
      not be entitled to costs unless awarded by the court when such defendant
      asserts  in  his answer and establishes a claim in said lands adverse to
      the claim of the plaintiff in said action.
        4. Where a verdict, report, or decision is rendered, as prescribed  by
      subdivision  4  of  section  1519, final judgment to that effect must be
      rendered accordingly, without damages. In such a case, an execution  for
      the  delivery  of  the possession of the property may be issued upon the
      judgment; but only by the special order  of  the  court,  made  upon  an
      application  by  the defendant, or a person claiming under him, and upon
    
      satisfactory proof that the time has arrived when,  or  the  contingency
      has  happened upon which, the applicant is entitled to possession by the
      terms of the judgment.
        5.  Where  the  judgment  directs  that an instrument be delivered up,
      cancelled or reformed of record, or that real property be  conveyed,  if
      the  direction  is disobeyed, the court, by order, besides punishing the
      disobedience as a contempt, may require the sheriff to take, and deposit
      or deliver, the instrument or to convey the real property, or to perform
      the required acts in conformity with the direction of the court.