N.Y. Real Property Actions & Proceedings Law § 1011: Necessary defendants

§ 1011. Necessary defendants. Where the property in which dower is

claimed is actually occupied, the occupant thereof must be made

defendant in the action. Where it is not so occupied, the action must be

brought against some person exercising acts of ownership thereupon, or

claiming title thereto, or an interest therein, at the time of the

commencement of the action.