ยง 1073. Interlocutory judgment for sale. Where the plaintiff's consent
has been filed as prescribed in section 1071 and she is entitled to an
interlocutory judgment in the action, the court must, upon the
application of either party, ascertain, by reference or otherwise,
whether a distinct parcel of the property can be admeasured and laid off
to the plaintiff, as tenant in dower, without material injury to the
interests of the parties. If it appears to the court that a distinct
parcel cannot be so admeasured and laid off, the interlocutory judgment
must, except in the case specified in the section 1074, direct that the
property be sold by the sheriff, or by a referee designated therein; and
that, upon the confirmation of the sale, each party to the action, and
every person deriving title from, through, or under a party, after the
filing of the judgment-roll, or of a notice of the pendency of the
action as prescribed by law, be barred of and from any right, title, or
interest in or to the property sold.
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.