Laws of New York (Last Updated: November 21, 2014) |
RPA Real Property Actions and Proceedings |
Article 9. ACTION FOR PARTITION |
Section 922. Meeting of commissioners; report of actual partition; confirming or setting aside report
Latest version.
-
1. All the commissioners shall meet together in the performance of any of their duties, but the acts of a majority so met are valid. They shall make a full report of their proceedings, under their hands, specifying therein the manner in which they have discharged their trust, describing the property divided and the share or interest in a share allotted to each party, with the quantity, courses and distances or other particular description of each share, and a description of the monuments; and specifying the items of their charges. Their report shall be acknowledged or proved, and certified, in like manner as a deed to be recorded, and shall be filed in the office of the clerk. 2. The court shall confirm or set aside the report, and, if necessary, may appoint new commissioners. 3. If the commissioners report that the property, or a particular lot, tract or other portion thereof is so circumstanced that a partition thereof cannot be made without great prejudice to the owners, the court may render a supplemental interlocutory judgment reciting the facts and directing that the property or the distinct parcel so circumstanced be sold.