N.Y. Real Property Actions & Proceedings Law § 1503: Action to determine claims where foreclosure of mortgage was void or voidable

§ 1503. Action to determine claims where foreclosure of mortgage was

void or voidable. When real property has been sold pursuant to a

judgment in an action to foreclose a mortgage under article 13 of this

chapter or pursuant to article 14 of this chapter, or has been conveyed

to the mortgagee or the designee of such mortgagee by deed in lieu of

foreclosure, and it appears from the public records or from the

allegations of the complaint that such judgment, sale or conveyance was

or may have been, for any reason, void or voidable as against any

person, including an owner of the real property mortgaged, the purchaser

or such mortgagee or designee, or the successor of any such person, in

possession of such real property, may maintain an action as provided in

this article to determine the right of any person to set aside such

judgment, sale or conveyance or to enforce an equity of redemption or to

recover possession of the property, or the right of any junior mortgagee

to foreclose a mortgage. Such action may be maintained even though an

action against the defendant to foreclose the mortgage under which the

judgment, sale or conveyance was made, or to extinguish a right of

redemption, would be barred by the statutes of limitation.