N.Y. Real Property Actions and Proceedings Law 1712 – By whom maintainable
§ 1712. By whom maintainable. The special proceeding may be maintained by the general or testamentary guardian of the property of the infant, by the committee of the property of the incompetent person or the conservator of the property of the conservatee, or by any relative or other person in behalf of the infant, incompetent person, or conservatee or by an infant of the age of fourteen years or over in his own behalf.
Terms Used In N.Y. Real Property Actions and Proceedings Law 1712
- conservatee: means a person who has suffered substantial impairment of his ability to care for his property or has become unable to provide for himself or others dependent upon him for support for whom a conservator of his property has been appointed, pursuant to § 77. See N.Y. Real Property Actions and Proceedings Law 1701
- Contract: A legal written agreement that becomes binding when signed.
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- incompetent person: means a person incompetent to manage his affairs of whose property a committee has been appointed pursuant to § 78. See N.Y. Real Property Actions and Proceedings Law 1701
- interest in real property: includes any term, estate or other interest in real property, vested or contingent, of an infant in being, an incompetent person, or a conservatee including an inchoate right of dower and a possibility of reverter, and also the contingent interest of an infant not in being. See N.Y. Real Property Actions and Proceedings Law 1701
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The special proceeding may be maintained, in a case specified in subdivisions 3 and 4 of section 1711, by a person entitled to the conveyance; and, also, in a case specified in subdivision 4 of that section, by the executor or administrator of the person who made the contract, or of a person who died seized or possessed of the real property or interest in real property, or by an heir or devisee of either of those persons, to whom the real property or interest in real property has descended or was devised. Where the proceeding is in behalf of an infant of the age of fourteen years or over the infant shall join therein.