N.Y. Real Property Actions & Proceedings Law § 921: Actual partition

§ 921. Actual partition. 1. The commissioners designated by the

interlocutory judgment shall forthwith proceed to make partition as

directed by such judgment, unless it appears to them that partition

thereof, or of a particular lot, tract or other portion thereof, cannot

be made without great prejudice to the owners; in which case, they shall

make a written report of that fact to the court.

2. The commissioners shall divide the property into distinct parcels

and allot the several parcels to the respective parties, quality and

quantity being relatively considered, according to the respective rights

and interest of the parties as fixed by the interlocutory judgment.

They shall designate the several parcels by suitable monuments. They may

employ a surveyor, with the necessary assistants, to aid them.

3. Where a party has a right of dower in the property, or a part

thereof, which has not been admeasured, or has an estate by the curtesy

or for life or for years in an undivided share of the property, the

commissioners may allot to that party his share without reference to the

duration of the estate. They may make partition of the share so allotted

to that party, among the parties who are entitled to the remainder or

reversion thereof, to be enjoyed by them upon the determination of the

particular estate, where, in the opinion of the commissioners, such a

partition can be made without prejudice to the rights of the parties.