Statute · New York Real Property Actions & Proceedings Law
N.Y. Real Prop. Acts. Law § 928 — Effect of judgment after actual partition
N.Y. Real Prop. Acts. Law § 928
- Type
- Statute
- Source
- New York Real Property Actions & Proceedings Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 928. Effect of judgment after actual partition. A final judgment after actual partition is binding and conclusive upon the following persons, except parties and persons claiming under them whose rights and interests are expressly left unaffected:
Citator
N.Y. Real Prop. Acts. Law § 928 — Effect of judgment after actual partition is in force in the current edition of the Code, and nothing recorded condemns it.
§ 928. Effect of judgment after actual partition. A final judgment after actual partition is binding and conclusive upon the following persons, except parties and persons claiming under them whose rights and interests are expressly left unaffected:
1. The plaintiff; each defendant upon whom the summons was served, either personally or without the state or by publication; and his legal representatives.
2. Each person claiming from, through or under such a party, by title accruing after the filing of the judgment-roll, or after the filing in the proper county clerk's office of a notice of the pendency of the action.
3. Each person not in being when the interlocutory judgment is rendered who, by the happening of any contingency becomes afterwards entitled to a beneficial interest attaching to, or an estate or interest in, a portion of the property, the person first entitled to which, or other virtual representative whereof, was a party specified in the first subdivision of this section.