The NY Court sin which your partition case must be filed and heard has its own unique statutes and Rules which governs the pleading, motion and trial practice engaged in before it. If you are already represented by an attorney, then you should rely upon your attorney's recommendations. If you do not agree with your attorney's recommendations, then you should seek a second opinion.
If you are not already represented by an attorney, then do not attempt to resolve this matter without the advice and representation of qualified legal counsel. In short, the wise surgeon will never perform surgery upon him or her self, for obvious reasons--the risks of mistake are too great because the surgeon is personally (not professionally) involved in the case.
The answer to your inquiry can only best be obtained via your personal consultation with a
Litigation attorney licensed to practice in NY who is familiar with the legal issues you have above described. You should be prepared to take with you to that consultation all of the papers related to this matter.
You should also be prepared to pay a fee for the attorney's consultation, review and advice. The amount of that fee, and the terms for the payment of same, should be agreed upon between you and your attorney before the consultation begins.Ask a similar question
I agree. Even knowing who to name as a defendant in a partition action is difficult. You need a lawyer to represent you.
Find out who good real estate lawyers are in your area, and consult several of them. Many lawyers offer free consultations. Before making appointments, find out what the lawyer's fee for a consultation is.
DISCLAIMER - THIS IS NOT LEGAL ADVICE. THIS IS INTENDED TO BE GENERAL INFORMATION, AND DOES NOT GIVE RISE TO AN ATTORNEY-CLIENT RELATIONSHIP.Ask a similar question