N.Y. Real Property Actions & Proceedings Law § 915: Interlocutory judgment

§ 915. Interlocutory judgment. The interlocutory judgment shall

determine the right, share or interest of each party in the property, as

far as the same has been ascertained. Where the property or any part

thereof is so circumstanced that a partition thereof cannot be made

without great prejudice to the owners, the interlocutory judgment,

except as otherwise expressly prescribed in this article, shall direct

that the property or the part so circumstanced be sold at public

auction. Otherwise, an interlocutory judgment in favor of the plaintiff

shall direct that partition be made between the parties according to

their respective rights, shares and interests and shall designate three

reputable and disinterested freeholders as commissioners to make the

partition so directed.