ยง 1062. Plaintiff may recover sum awarded; court may modify judgment.
The plaintiff may, from time to time, maintain an action against the
owner, or a person who was the owner of the property, to recover any
instalment of the sum, so awarded to her for her dower, which became due
during his ownership, and remains unpaid. Or, if an instalment remains
due and unpaid, she may maintain an action to procure a sale of the
property, and enforce the payment of the instalments, due and to become
due, out of the proceeds of the sale. Such an action must be conducted
as if the charge upon the real property was a mortgage to the same
effect. If, at any time, it is made to appear to the court that the
rental value of the real property has materially increased or
diminished, the court may, by an order, to be made upon notice to all
the persons interested, modify the final judgment by increasing or
diminishing the sum to be paid to the plaintiff.
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.