NY SCPA 1909: Rights of the Parties to Be Determined; Unknowns

SCPA 1909 addresses when the court fixes the parties' respective rights and interests in the property, and how unknown parties are protected.

Statutory Text

§ 1909. Rights of the parties to be determined; unknowns

1. Where an order is made directing the sale of the real property for distribution or directing the transfer thereof to a spouse or beneficiary the court may fix and determine the rights and interests of the respective parties in the order, or may postpone the determination until the final judicial settlement of the accounts of the fiduciary.

2. If a party entitled to an estate or interest in the property is made a party as a person unknown the court must provide for the protection of his rights, as far as may be, as if he were known and had appeared.