Statute · New York Real Property Actions & Proceedings Law
N.Y. Real Prop. Acts. Law § 1341 — Payment into court of amount due
N.Y. Real Prop. Acts. Law § 1341
- Type
- Statute
- Source
- New York Real Property Actions & Proceedings Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 1341. Payment into court of amount due. Where an action is brought to foreclose a mortgage upon real property upon which any part of the principal or interest is due, and another portion of either is to become due, and the defendant pays into court the amount due for principal and interest…
Citator
N.Y. Real Prop. Acts. Law § 1341 — Payment into court of amount due is in force in the current edition of the Code, and nothing recorded condemns it.
§ 1341. Payment into court of amount due. Where an action is brought to foreclose a mortgage upon real property upon which any part of the principal or interest is due, and another portion of either is to become due, and the defendant pays into court the amount due for principal and interest and the costs of the action, together with the expenses of the proceedings to sell, if any, the court shall:
1. Dismiss the complaint without costs against plaintiff, if the payment is made before judgment directing sale; or
2. Stay all proceedings upon judgment, if the payment is made after judgment directing sale and before sale; but, upon a subsequent default in the payment of principal or interest, the court may make an order directing the enforcement of the judgment for the purpose of collecting the sum then due.