RPAPL 1072 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1071 Plaintiff may consent to receive a gross sum up ARTICLE 10 Action For Dower next SECTION 1073 Interlocutory judgment for sale Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1072 Defendant may consent to pay it; proceedings thereupon Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10 § 1072. Defendant may consent to pay it; proceedings thereupon. At any time after a consent is filed, as prescribed in section 1071, and before an interlocutory judgment is rendered, any defendant may apply to the court, upon notice, for an order granting him leave to pay such a gross sum. Thereupon the court may, in its discretion, and upon such terms as justice requires, ascertain the value of the plaintiff's right of dower in the property, by a reference or otherwise, and make an order directing payment by the applicant of the sum so ascertained, within a time fixed by the order, not exceeding sixty days after service of a copy thereof and directing the execution by the plaintiff of a release of her right of dower, upon receipt of the money. Obedience to the order may be enforced, either by punishment for contempt, or by striking out the pleading of the offending party and rendering judgment against him or her, in both modes.