N.Y. Real Property Actions & Proceedings Law § 916: Interlocutory judgment directing partial partition

§ 916. Interlocutory judgment directing partial partition. Where the

right, share and interest of a party has been ascertained, and the

rights, shares or interests of the other parties as between themselves

remain unascertained, an interlocutory judgment for a partition shall

direct a partition as between the party whose share has been so

determined and the other parties to the action. Where the rights, shares

and interests of two or more parties have been thus ascertained and

determined, the interlocutory judgment may also direct the partition

among them of a part of the property proportionate to their aggregate

shares. In either case, the court, from time to time, as the other

rights, shares and interests are ascertained, may render an

interlocutory judgment directing the partition, in like manner, of the

remainder of the property. Where an interlocutory judgment is rendered

in a case specified in this section, the court may direct the action to

be severed, and final judgment to be rendered with respect to the

portion of the property set apart to the parties whose rights, shares

and interests are determined, leaving the action to proceed as against

the other parties with respect to the remainder of the property; and if

necessary, the court may direct that one of those parties be substituted

as plaintiff.