N.Y. Real Property Actions & Proceedings Law § 633: Action against co-tenant; ouster to be proved

§ 633. Action against co-tenant; ouster to be proved. Where the action

is brought by a tenant in common or a joint tenant against his

co-tenant, the plaintiff, besides proving his right, shall also prove

that the defendant actually ousted him or did some other act amounting

to a total denial of his right.