N.Y. Real Property Actions & Proceedings Law § 1711: Grounds

§ 1711. Grounds. In any of the following cases, a special proceeding

may be maintained to dispose of the real property or an interest in real

property of an infant, incompetent person or conservatee.

1. Where his personal property, together with the income of the real

property are insufficient for the payment of his debts or for the

maintenance and necessary education of himself and his family.

2. Where his interests require or will be substantially promoted by

disposition, because the real property or interest in real property is

exposed to waste or dilapidation, or is wholly or substantially

unproductive, or because funds are needed to preserve or to improve the

same, or because of other peculiar reasons or circumstances.

3. Where he is seized or possessed of the real property, or interest

in real property, by way of mortgage, or only in trust for another.

4. Where a valid contract for the sale or conveyance of the real

property or interest in real property has been made, but a conveyance

thereof cannot be made because the person in whom the title is vested is

an infant, an incompetent, or a conservatee.

5. Where his interest will be substantially promoted by releasing or

joining with others in releasing for a valuable consideration the

possibility of reverter.

6. Where his interest will be substantially promoted by the exchange

of a portion of his real property for lands adjacent to such real

property if such exchange would tend to improve the boundary line of

such real property.