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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 903: Necessary defendants

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 9. Action For Partition

§ 903. Necessary defendants. Each of the following persons shall be

made a party to the action:

1. Every person having an undivided share, in possession or otherwise,

in the property, as tenant in fee, for life, by the curtesy or for

years;

2. Every person entitled to the reversion, remainder or inheritance of

an undivided share, after the determination of a particular estate

therein;

3. Every person who, by any contingency, is or may become entitled to

a beneficial interest in an undivided share in the property, provided

that where a future estate or interest is limited in any contingency to

the persons who shall compose a certain class upon the happening of a

future event, it shall be sufficient to make parties to the action the

persons who would have been entitled to such estate or interest if such

event had happened immediately before the commencement of the action;

4. Every person having an inchoate right of dower in an undivided

share in the property;

5. Every person having a right of dower in the property, or any part

thereof, which has not been admeasured; and

6. An executor or administrator, where letters testamentary or of

administration have been issued on the estate of the decedent from whom

the plaintiff's title to the real property is derived, and the action is

brought within eighteen months after such letters were issued; or where

the person of whose estate the executor or administrator has been

appointed should, if living, be a party to the action. If no executor or

administrator has been appointed for the estate of such a person, that

fact must be stated in the complaint.

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

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