N.Y. Real Property Actions & Proceedings Law § 1075: Liens to be ascertained

§ 1075. Liens to be ascertained. Before an interlocutory judgment is

rendered for the sale of the property, the court must direct a reference

to ascertain whether any person not a party, has a lien upon the

property, or any part thereof. But the court may direct or dispense

with such reference, in its discretion, where a party produces a search,

certified by the clerk, or by the clerk and register as the case

requires, of the county where the property is situated and it appears

therefrom, and by the affidavits, if any, produced therewith, that there

is no such outstanding lien. Except as otherwise expressly prescribed

in this article, the proceedings upon and subsequent to the reference

must be the same as prescribed by law where a reference is made in an

action for partition to ascertain whether there is a creditor not a

party who has a lien on the share or interest of a party.