N.Y. Real Property Actions & Proceedings Law § 833: Recovery of fee damages by the owner of a possessory estate for life or for years

§ 833. Recovery of fee damages by the owner of a possessory estate for

life or for years. When the ownership of land is divided into a

possessory estate for life or for years and one or more future

interests, and a person having none of these interests causes damage to

such land, the damages recoverable by the owner of such possessory

interest from the wrongdoing third person may include damages caused to

interests in the affected land other than those owned by parties to the

action or proceeding when, but only when, all living persons who have

either a possessory or a future interest in the affected land are

parties thereto. The court in which any such recovery of damages occurs

shall make such direction for the distribution of the damages recovered

among the persons who are parties to the action or proceeding and for

the protection of the interests of persons who are not parties thereto,

as justice may require.

A tenant for life or for years in the land damaged is entitled to

receive from the recovery, in satisfaction of the damage to his estate

or interest, either a sum in gross or the earnings of a sum invested for

his benefit. The determination as to whether a sum in gross or the

earnings of a sum invested shall be awarded to the owner of such

particular estate shall be governed by the provisions with respect to

the proceeds of a sale in partition.