N.Y. Estates, Powers & Trusts Law § 12-2.3: Effect of application to surrogate to sell real property

§ 12-2.3 Effect of application to surrogate to sell real property

If, during the pendency of an action to enforce a liability created by

this article against a distributee or devisee of real property, a

proceeding is pending or is subsequently commenced for the judicial

settlement of the account of the personal representative, the action

insofar as it affects any real property of the decedent shall be stayed

until the accounting proceeding is concluded without an application for

an order, under SCPA article 19, to dispose of real property of the

decedent for the payment of debts, funeral or administration expenses

having been made or, if made, without such an order having been granted.

If such an order is granted, the action shall be dismissed as to the

real property ordered to be disposed of and the plaintiff remitted to

the enforcement of his rights against the proceeds of the real property

held by the personal representative. Nothing contained herein precludes

a person from asserting any right he may have under this article with

respect to any other property of the decedent.