New York Real Property Actions and Proceedings Code § 633

Action against co-tenant; ouster to be proved
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§ 633. Action against co-tenant; ouster to be proved. Where the action\nis brought by a tenant in common or a joint tenant against his\nco-tenant, the plaintiff, besides proving his right, shall also prove\nthat the defendant actually ousted him or did some other act amounting\nto a total denial of his right.\n

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