N.Y. Real Property Actions & Proceedings Law § 231: Sale; notice of; when and how conducted

§ 231. Sale; notice of; when and how conducted. 1. A sale of real

property made in pursuance of a judgment affecting the title to, or the

possession, enjoyment or use of, real property, shall be at public

auction to the highest bidder.

2. (a) Notice of such sale shall be given by the officer making it by

publishing a notice of the time and place of the sale, containing a

description of the property to be sold, in a newspaper published in the

county in which the property is located, or, if there is none, in a

newspaper published in an adjoining county, unless the property is

situated wholly or partly in a city, or in an incorporated village in

which a daily, semi-weekly or tri-weekly newspaper is published, and, in

that case, by publishing notice of the sale in such a daily, semi-weekly

or tri-weekly paper, except that where such real property is located in

a county within the city of New York such publication shall be in a

daily newspaper published within such county, or in a weekly paper

published in a city or in such incorporated village. If the property be

situated in a city, or a village in which no newspaper is published

daily, semi-weekly or tri-weekly, and there be an adjoining city or

village in the same or another county, in which a newspaper is

published, daily, semi-weekly or tri-weekly, such notice may be

published in such daily, semi-weekly or tri-weekly newspaper of the

latter city or village or in a weekly newspaper of such city. In each

case, publication may be either once in each week for four successive

weeks or at least twice in each week for three successive weeks

perceding the original date fixed for the sale. If the publication is

for three weeks, such sale shall take place on any day on or after the

twenty-first day and on or before the twenty-eighth day after the day of

the first publication; and if the publication is for four weeks such

sale shall take place on any day on or after the twenty-eighth day and

on or before the thirty-fifth day after the day of the first

publication. Any period of seven successive days shall constitute a

week under this section.

(b) Where the property is situated wholly outside a city or an

incorporated village referred to in subparagraph (a) of this

subdivision, notice of such sale shall also be given by posting a copy

of the notice of sale at least twenty-eight days preceding the original

date fixed for the sale in three public places in the town in which the

property is located, and, if the sale is to be held in another town or

in a city, in three public places therein.

3. If the officer appointed to make such sale does not appear at the

time and place where such sale has been advertised to take place, the

attorney for the plaintiff may postpone or adjourn such sale not to

exceed four weeks, during which time such attorney may make application

to the court to have another person appointed to make such sale. Notice

of postponement of the sale shall be posted at least three days prior to

the postponed date in the same places as the original notice of sale

when posting of the notice of sale is required, and shall be published

once at least three days prior to the postponed date in the newspaper in

which the notice of sale was originally published.

4. The terms of the sale shall be made known at the sale, and if the

property or any part thereof is to be sold subject to the right of

dower, charge or lien, that fact shall be declared at the time of the

sale.

5. If the property consists of two or more distinct buildings, farms

or lots, they shall be sold separately, unless otherwise ordered by the

court; but where two or more buildings are situated in the same city

lot, they shall be sold together.

6. At any time within one year after the sale, but not thereafter, the

court, upon such terms as may be just, may set the sale aside for

failure to comply with the provisions of this section as to the notice,

time or manner of such sale if a substantial right of a party was

prejudiced by the defect.