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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 763: Redemption by creditor of lessee

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 7. Summary Proceeding to Recover Possession of Real Property

§ 763. Redemption by creditor of lessee. In a case specified in

section 761, a judgment creditor of the lessee whose judgment was

docketed in the county before the precept was issued, or a mortgagee of

the lease whose mortgage was duly recorded in the county before the

precept was issued, unless by the terms of the lease the lessee shall

have waived his right to redeem, or such lessee, or his executor,

administrator or assignee shall have subsequently waived the right to

redeem by a written instrument filed and recorded in the office in which

the lease is recorded, or if not so recorded, in the office in which

deeds are required to be recorded of the county in which the leased

premises are located, before such judgment was docketed or such mortgage

recorded, or such judgment creditor or mortgagee himself shall have

waived in writing his right to redeem, may at any time before the

expiration of one year after the execution of the warrant, unless a

redemption has been made as prescribed in section 761, file with the

court which issued the warrant a notice specifying his interest and the

sum due to him, describing the premises, and stating that it is his

intention to redeem as prescribed in this section. If a redemption is

not made by the lessee, his executor, administrator or assignee within a

year after the execution of the warrant, the person so filing a notice,

or, if two or more persons have filed such notices the one who holds the

first lien, at any time before two o'clock of the day, not a Sunday or a

public holiday, next succeeding the last day of the year, may redeem for

his own benefit in like manner as the lessee, his executor,

administrator or assignee might have so redeemed. Where two or more

judgment creditors or mortgagees have filed such notices, the holder of

the second lien may so redeem at any time before two o'clock of the day,

not a Sunday or a public holiday, next succeeding that in which the

holder of the first lien might have redeemed; and the holder of the

third and each subsequent lien may redeem in like manner at any time

before two o'clock of the day, not a Sunday or a public holiday, next

succeeding that in which his predecessor might have redeemed. But a

second or subsequent redemption is not valid unless the person redeeming

pays or tenders to each of his predecessors who has redeemed the sum

paid by him to redeem and also the sum due upon his judgment or

mortgage; or deposits those sums with the court for the benefit of his

predecessor or predecessors.

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

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