N.Y. Real Property Actions & Proceedings Law § 981: Costs and expenses

§ 981. Costs and expenses. 1. The final judgment for the partition of

the property must also award that each defendant pay to the plaintiff

his proportion of the plaintiff's costs, including the additional

allowance. The sum to be paid by each must be fixed by the court

according to the respective rights of the parties, and specified in the

judgment.

2. If a defendant is unknown, his proportion of the costs shall be

fixed and specified in like manner. An execution against an unknown

defendant may be issued to collect the costs awarded against him as if

he were named in the judgment; and his right, share or interest in the

property may be sold by virtue thereof as if he were named in the

execution.

3. Where final judgment confirming a sale is rendered, the costs of

each party to the action and the expenses of the sale, including the

officer's fees, shall be deducted from the proceeds of the sale and

distributed as the court shall order. But the court, in its discretion,

may direct that the costs and expenses of any trial, reference or other

proceeding in the action be paid out of the share of any party in the

proceeds, or may render judgment against any party therefor. Where a

proportion of the proceeds is to be paid to or invested for the benefit

of any person, as prescribed in any provision of this article, the

amount thereof must be determined by the residue of the entire proceeds

remaining after deducting the costs and expenses chargeable against

them.

4. The officer making the sale shall pay out of the proceeds, unless

the judgment otherwise directs, all taxes, assessments and water rates,

which are liens upon the property sold, and redeem the property sold

from any sales for unpaid taxes, assessments or water rates, which have

not apparently become absolute. The sums necessary to make those

payments and redemptions are deemed expenses of the sale.

5. After actual partition, the fees and expenses of the commissioners,

including the expense of a survey when it is made, shall be taxed under

the direction of the court, and the amount thereof shall be paid by the

plaintiff and allowed as part of his costs.

6. Fees of surveyor or commissioner in action for partition. The fees

of a surveyor and a surveyor's assistant, employed as prescribed by law

in an action for partition, and of a commissioner appointed as

prescribed by law to make partition, shall be the same as those provided

by section 1052 of this chapter for services rendered in an action for

dower.