1. The title or interest of any party in the property may be put in issue. When any defendant, not a tenant in common or joint tenant with plaintiff, puts in issue title or interest, all subsequent proceedings as to such defendant, including the trial, judgment and execution, shall be the same as if it were an action to recover real property.

Terms Used In N.Y. Real Property Actions and Proceedings Law 907

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. An issue of fact joined in the action is triable by a jury.