N.Y. Real Property Actions & Proceedings Law § 1519: Proceedings

§ 1519. Proceedings. 1. In an action maintained under this article,

the proceedings shall be governed by the provisions regulating civil

actions, except as otherwise provided in this article.

2. When service of the summons on any defendant is made by

publication, the order for such service shall direct that any papers

required by such order to be mailed to such defendant shall be sent by

registered mail, and when such mailing is required shall also direct

that an affidavit, by or on behalf of the plaintiff, be filed stating

that such papers were mailed as required by such order.

3. Whenever a claim of right to immediate possession is in issue, the

person in possession shall be presumed to have the right to such

possession, but such presumption may be rebutted.

4. Where any party claims the real property in question, or any part

thereof, by virtue of an estate in reversion or in remainder, whether

vested or contingent, and the verdict, report, or decision finds that he

has such an estate, it must specify the time when, or the contingency

upon which, he will be entitled to possession.

5. Where the complaint demands, as provided in subdivision 3 of

section 1515 of this article, that the defendant's dower be admeasured,

and the defendant does not, by her answer, set forth facts showing that

she is entitled to a greater right of dower, or another estate or

interest in the property, than that admitted by the plaintiff, and

demand judgment therefor, as if she were the plaintiff in an action for

dower, the court must render an interlocutory judgment, directing her

dower to be admeasured, with or without damages for its detention, as in

an action for dower. The subsequent proceedings shall be the same, as if

the defendant had, as plaintiff, recovered an interlocutory judgment in

an action for dower.