N.Y. Real Property Actions & Proceedings Law § 1521: Judgment

§ 1521. Judgment. 1. Final judgment in the action shall declare the

validity of any claim to any estate or interest established by any party

to the action. The judgment shall also declare that any party whose

claim to an estate or interest in the property has been adjudged

invalid, and every person claiming under him, by title accruing after

the filing of the judgment-roll, or of the notice of the pendency of the

action, as prescribed by law, be forever barred from asserting such

claim to an estate or interest the invalidity of which is established in

the action, and may direct that any instrument purporting to create any

such estate or interest be delivered up or cancelled of record or be

reformed of record as the facts may require. Judgment may also be given

awarding possession of real property to any party together with his

damages for the withholding of such property and two or more of such

forms of judgment may be awarded in the same action.

2. If one of the parties to the action is the people of the state and

the judgment adversely affects the title, interest or claim of the

people of the state based upon a tax deed, the judgment shall also

provide in effect as follows:

a. That the people of the state of New York shall have a lien upon

such real property or part thereof described in such tax deed, prior and

superior to all other liens, (1) for the amount of the unpaid taxes not

adjudged illegal in such action for which such real property was sold or

liable to be sold in the first instance and for which such tax deed was

issued, together with fees, charges and interest; (2) for the amount of

the unpaid taxes not adjudged illegal in such action for which such real

property was subsequently sold or liable to be sold, together with fees,

charges and interest; (3) for the amount of all taxes, fees and charges

admitted or paid by the people upon such real property to the date of

the entry of such judgment, together with interest thereon from the date

of such admission or payment. In the determination of the amount of such

lien, establishment of payments of taxes on said land by the adjudged or

admitted owner of the property during any of the same years in which

payments were also made by the people of the state of New York shall

reduce the lien of the people by the larger of the two tax payments for

each of the years affected by duplicate payments, and in the event that

wholly identical areas are not affected by the duplicate payments the

court shall have power to apportion and adjust the amount of the lien as

equity may require;

b. That the people of the state of New York may foreclose such lien as

a mortgage on real property is foreclosed, provided such lien remains

unpaid after the expiration of one year from the entry of such judgment.

The remedy provided by this subdivision for recovery of tax payments

shall be in addition to any other remedy now or hereafter available in

law or in equity.

3. If a judgment described in subdivision 1 or subdivision 2 is taken

upon the defendant's default in appearing or pleading, it shall not

award costs to either party, unless it be taken upon a default in

answering after the decision of a motion addressed to the complaint. A

defendant against whom no personal claim is made in the complaint shall

not be entitled to costs unless awarded by the court when such defendant

asserts in his answer and establishes a claim in said lands adverse to

the claim of the plaintiff in said action.

4. Where a verdict, report, or decision is rendered, as prescribed by

subdivision 4 of section 1519, final judgment to that effect must be

rendered accordingly, without damages. In such a case, an execution for

the delivery of the possession of the property may be issued upon the

judgment; but only by the special order of the court, made upon an

application by the defendant, or a person claiming under him, and upon

satisfactory proof that the time has arrived when, or the contingency

has happened upon which, the applicant is entitled to possession by the

terms of the judgment.

5. Where the judgment directs that an instrument be delivered up,

cancelled or reformed of record, or that real property be conveyed, if

the direction is disobeyed, the court, by order, besides punishing the

disobedience as a contempt, may require the sheriff to take, and deposit

or deliver, the instrument or to convey the real property, or to perform

the required acts in conformity with the direction of the court.