RPAPL 1062 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1061 Final judgment up ARTICLE 10 Action For Dower next SECTION 1063 Junior incumbrances; not affected by admeasurement Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1062 Plaintiff may recover sum awarded; court may modify judgment Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10 § 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.