N.Y. Real Property Actions & Proceedings Law § 1074: Direction that a part be laid off

§ 1074. Direction that a part be laid off. In a case specified in

section 1071, where the property, or a part thereof, consists of one or

more vacant or unimproved lots, the plaintiff's consent may contain a

stipulation to take a distinct parcel, out of those lots, in lieu of a

gross sum. In that case, the interlocutory judgment, instead of

directing a sale, may direct if it appears to be just so to do, that

commissioners be appointed to admeasure and lay off to the plaintiff a

distinct parcel, out of the vacant or unimproved lots; and, if there is

any other property, that it be sold, and a gross sum be paid to her out

of the proceeds thereof, as prescribed in sections 1075, 1076, 1077 and

1078. The plaintiff's title to each distinct parcel, admeasured and laid

off to her, as prescribed in this section, is that of an estate of

inheritance in fee simple. In admeasuring and laying off the same, the

commissioners must consider quantity and quality relatively, according

to the value of the plaintiff's right of dower in the vacant or

unimproved lots, out of which the admeasurement is to be made; which

must be ascertained, in proportion to the value of those lots, as

prescribed in sections 1075, 1076, 1077 and 1078, for fixing a gross sum

to be paid to her out of the proceeds of a sale.