N.Y. Real Property Actions & Proceedings Law § 1746: When particular estates to be included in disposition

§ 1746. When particular estates to be included in disposition. When

the real property, or interest in real property, directed to be sold is

subject, absolutely or contingently, to a right of dower or an estate

for life, or for years, in the whole or any part thereof, the person

having the prior right or estate may manifest in writing his consent,

either to receive from the proceeds of the sale a gross sum to be fixed

according to the principles of law applicable to annuities, in

satisfaction of his right or estate, or to have a proportionate share of

the proceeds of the sale invested, and the interest thereof paid to him,

from the time of the investment or of the commencement of his right or

estate, as justice requires, until the determination of his right or

estate. Upon filing the consent with the clerk, the judgment, in the

discretion of the court, may direct a sale of the entire property to

which the right or estate attaches.