N.Y. Real Property Actions and Proceedings Law 202 – Pleading interest of the state
§ 202. Pleading interest of the state. Where the state or any department, bureau, board, commission, council, officer, agency or instrumentality of the state is defendant in an action affecting real property, the complaint shall set forth:
Terms Used In N.Y. Real Property Actions and Proceedings Law 202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Intestate: Dying without leaving a will.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Testate: To die leaving a will.
1. Detailed facts showing the particular nature of the interest in or lien on the real property and the reason for making the state a party defendant.
2. If the lien exists by virtue of a judgment, other than a warrant the name of the court, date recorded, clerk's office in which filed, and names of the parties against whom and in whose favor recorded. In the case of a warrant, the date filed or docketed, clerk's office in which filed or docketed, and names of the parties against whom and in whose favor issued.
3. If the lien exists by virtue of a provision of law other than a judgment, the provision of law under which said lien is created.
4. If the lien is one under articles ten, ten-a, ten-b, ten-c or twenty-six of the tax law, whether or not such lien exists by reason of the filing or docketing of a warrant under such law, the name of each decedent against whose estate there is an unpaid transfer or estate tax, the date of death, place of residence at the time of death, heirs at law and next of kin, whether the decedent died testate or intestate, whether his estate has been administered, and if so where.
5. If the lien is one under articles nine, nine-a, nine-b, nine-c or twenty-seven of the tax law, whether or not such lien exists by reason of the filing or docketing of a warrant under such law, the name of the corporation, association, joint-stock company, unincorporated company, person, or partnership against whose property there is an unpaid corporation, license, or franchise tax or penalty.
6. If the lien is one under Article 26-a of the tax law, whether or not such lien exists by reason of the filing or docketing of a warrant under such law, the names of the donees or transferees against whose property there is an unpaid gift tax.