N.Y. Real Property Actions & Proceedings Law § 928: Effect of judgment after actual partition

§ 928. Effect of judgment after actual partition. A final judgment

after actual partition is binding and conclusive upon the following

persons, except parties and persons claiming under them whose rights and

interests are expressly left unaffected:

1. The plaintiff; each defendant upon whom the summons was served,

either personally or without the state or by publication; and his legal

representatives.

2. Each person claiming from, through or under such a party, by title

accruing after the filing of the judgment-roll, or after the filing in

the proper county clerk's office of a notice of the pendency of the

action.

3. Each person not in being when the interlocutory judgment is

rendered who, by the happening of any contingency becomes afterwards

entitled to a beneficial interest attaching to, or an estate or interest

in, a portion of the property, the person first entitled to which, or

other virtual representative whereof, was a party specified in the first

subdivision of this section.