Real Property Actions and Proceedings Law
Section 933
Action for Partition
RPAPL 933: Effect of judgment after sale
RPA 933
Effect of judgment after sale
A final judgment after sale is binding and conclusive upon the same persons upon whom a final judgment for actual partition is binding and conclusive; and it bars each of those persons who is not a purchaser at the sale from all right, title and interest in the property sold. It is also a bar against each person not a party who, at the time when it is entered, has a general lien by judgment or decree on the undivided share or interest of a party, if notice was given to appear before the referee and make proof of liens, as prescribed in this article, and also against each person made a party who then has a specific lien on any such undivided share or interest; but a person having any such specific lien appearing of record at the time of the filing of the notice of the pendency of the action, who is not made a party, is not affected by such judgment.
This section of the Real Property Actions and Proceedings Law is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as RPAPL 933 are frequently amended, and no representation is made that the above version of RPA 933 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.
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J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.