ยง 1024. Damages apportioned between heir and alienee. Where a widow
recovers dower in real property aliened by the heir of her husband, she
may recover, in a separate action against him, her damages for
withholding her dower, from the time of the death of her husband to the
time of the alienation, not exceeding six years in the whole. The sum
recovered from him must be deducted from the sum which she would
otherwise be entitled to recover from the grantee; and any sum recovered
as damages from the grantee, must be deducted from the sum, which she
would otherwise be entitled to recover from the heir.
Structure New York Laws
RPA - Real Property Actions and Proceedings
1001 - Limitation of Action for Dower.
1002 - Action Barred by Assignment of Dower.
1012 - Who May Be Joined as Defendants.
1013 - Actions Where Defendants Claim in Severalty.
1021 - Damages May Be Recovered; How Estimated.
1022 - Damages in Action Against Alienee of Husband.
1023 - Damages Where Several Parcels Are Affected.
1024 - Damages Apportioned Between Heir and Alienee.
1025 - Damages Against Grantee of Premises Subject to Dower.
1041 - Interlocutory Judgment for Admeasurement.
1052 - Fees of Surveyor or Commissioner in Action for Dower.
1062 - Plaintiff May Recover Sum Awarded; Court May Modify Judgment.
1063 - Junior Incumbrances; Not Affected by Admeasurement.
1064 - Appeal Not to Stay Execution if Undertaking Is Given.
1071 - Plaintiff May Consent to Receive a Gross Sum.
1072 - Defendant May Consent to Pay It; Proceedings Thereupon.
1073 - Interlocutory Judgment for Sale.
1074 - Direction That a Part Be Laid Off.
1075 - Liens to Be Ascertained.
1076 - Satisfaction or Protection of Lien.
1077 - Payment of Taxes, Assessments and Water Rates Out of Proceeds.
1079 - Final Judgment Upon Confirming Sale.