§ 821. View in action for waste. In an action for waste it is not necessary, either upon the execution of a writ of inquiry or upon the trial of an issue of fact, that the jury, the judge, or the referee should view the property. Where the trial is by a referee, or by the court without a jury, the referee or the judge may, in his discretion, view the property and direct the attorneys for the parties to attend accordingly. In any other case, the court may in its discretion, by order direct a view by the jury.

Terms Used In N.Y. Real Property Actions and Proceedings Law 821

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.