GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 331: Proof of lost execution or writ after sheriff's sale of real property

Read at publisher ↗
Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 3. Provisions Relating to Evidence

§ 331. Proof of lost execution or writ after sheriff's sale of real

property. Whenever, upon the trial of an action, it shall appear that

at least ten years theretofore real property has been sold by a sheriff

for enforcement of the valid lien thereon of a duly docketed judgment,

and that a certificate of the sale has been duly made by the sheriff and

filed, and that a conveyance in completion of the purchase has been

executed and recorded, but that the execution or writ by virtue of which

the sale has so been made cannot be found in the office of the clerk

with whom the same should have been filed, then and in such case the

recital of or reference to such execution or writ contained in the said

certificate, or in the said conveyance, or in the record thereof, shall

be prima facie evidence of the said execution or writ and of the

issuance of the same as against any party whose claim of title is not

shown to have been accompanied or supported by peaceable possession of

the premises in controversy for at least three years immediately

preceding the commencement of the action.

Collected 2026-09-14T19:32:45Z. Source file · JSON

Browse this collection