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New York Real Property Actions and Proceedings Law Section 732 - Special Provisions Applicable In Non-payment Proceeding If The Rules So Provide.

Legal Research Home > New York Lawyer > Real Property Actions and Proceedings > New York Real Property Actions and Proceedings Law Section 732 - Special Provisions Applicable In Non-payment Proceeding If The Rules So Provide.

    § 732. Special provisions applicable in non-payment proceeding if the
  rules so provide.   If  the  appropriate  appellate  division  shall  so
  provide  in  the  rules  of  a  particular  court, this section shall be
  applicable in such court in a proceeding brought on the ground that  the
  respondent  has  defaulted  in  the  payment of rent; in such event, all
  other provisions  of  this  article  shall  remain  applicable  in  such
  proceeding,  except  to  the  extent inconsistent with the provisions of
  this section.
    1. The notice of petition shall be returnable before  the  clerk,  and
  shall be made returnable within five days after its service.
    2.  If the respondent answers, the clerk shall fix a date for trial or
  hearing not less than three nor more than eight days  after  joinder  of
  issue,  and  shall  immediately  notify  by  mail  the  parties or their
  attorneys of such date. If the determination be for the petitioner,  the
  issuance  of  a warrant shall not be stayed for more than five days from
  such determination.
    3. If the respondent fails to answer within five days from the date of
  service, as shown by the affidavit or  certificate  of  service  of  the
  notice  of  petition  and  petition,  the judge shall render judgment in
  favor of the petitioner and may stay the issuance of the warrant  for  a
  period of not to exceed ten days from the date of service.
    4.  The  notice  of  petition  shall  advise  the  respondent  of  the
  requirements of subdivisions 1, 2 and 3, above.

Last modified: August 9, 2006