RPAPL 747 — Legislation
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SECTION 746
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ARTICLE 7
Summary Proceeding to Recover Possession of Real Property
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SECTION 749
Warrant
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SECTION 747
Judgment
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 747. Judgment. 1. The court shall direct that a final judgment be
entered determining the rights of the parties. The judgment shall award
to the successful party the costs of the special proceeding.
2. The judgment shall not bar an action to recover the possession of
real property. The judgment shall not bar an action, proceeding or
counterclaim, commenced or interposed within sixty days of entry of the
judgment, for affirmative equitable relief which was not sought by
counterclaim in the proceeding because of the limited jurisdiction of
the court.
3. If the proceeding is founded upon an allegation of forcible entry
or forcible holding out the court may award to the successful party a
fixed sum as costs, not exceeding fifty dollars, in addition to his
disbursements.
4. The judgment, including such money as it may award for rent or
otherwise, may be docketed in such books as the court maintains for
recording the steps in a summary proceeding; unless a rule of the court,
or the court by order in a given case, otherwise provides, such judgment
need not be recorded or docketed in the books, if separately maintained,
in which are docketed money judgments in an action.