New York Laws
Article 9 - Action for Partition
921 - Actual Partition.

§ 921. Actual partition. 1. The commissioners designated by the
interlocutory judgment shall forthwith proceed to make partition as
directed by such judgment, unless it appears to them that partition
thereof, or of a particular lot, tract or other portion thereof, cannot
be made without great prejudice to the owners; in which case, they shall
make a written report of that fact to the court.

2. The commissioners shall divide the property into distinct parcels
and allot the several parcels to the respective parties, quality and
quantity being relatively considered, according to the respective rights
and interest of the parties as fixed by the interlocutory judgment.
They shall designate the several parcels by suitable monuments. They may
employ a surveyor, with the necessary assistants, to aid them.

3. Where a party has a right of dower in the property, or a part
thereof, which has not been admeasured, or has an estate by the curtesy
or for life or for years in an undivided share of the property, the
commissioners may allot to that party his share without reference to the
duration of the estate. They may make partition of the share so allotted
to that party, among the parties who are entitled to the remainder or
reversion thereof, to be enjoyed by them upon the determination of the
particular estate, where, in the opinion of the commissioners, such a
partition can be made without prejudice to the rights of the parties.

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