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New York Real Property Actions and Proceedings Law Section 731 - Commencement; Notice Of Petition.

Legal Research Home > New York Lawyer > Real Property Actions and Proceedings > New York Real Property Actions and Proceedings Law Section 731 - Commencement; Notice Of Petition.

    § 731.  Commencement;  notice of petition.  1. The special proceeding
  prescribed by this article shall be commenced by petition and  a  notice
  of  petition.  A  notice  of petition may be issued only by an attorney,
  judge or the clerk of the court;  it  may  not  be  issued  by  a  party
  prosecuting the proceeding in person.
    2.  Except  as  provided  in section 732, relating to a proceeding for
  non-payment of rent, the notice of petition shall specify the  time  and
  place  of the hearing on the petition and state that if respondent shall
  fail at such time to interpose and establish any  defense  that  he  may
  have,  he  may  be precluded from asserting such defense or the claim on
  which it is based in any other proceeding or action.
    3. In the city of New York, when  the  petitioner  seeks  to  make  an
  application  pursuant  to  subdivision  two  of  section  seven  hundred
  forty-five of this article, the notice  of  petition  shall  advise  the
  respondent  of  the  requirements  of  subdivision  two of section seven
  hundred forty-five of this article.

Last modified: August 9, 2006