22 CRR-NY 210.42NY-CRR
22 CRR-NY 210.42
22 CRR-NY 210.42
210.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law.
(a) Such proceedings involving residential property shall be commenced in the City Court in which the real property or portion thereof is located. No default shall be noted until at least one hour after the hour when the proceeding is called.
(b) The following form is set forth as an example of the notice of petition (the provisions relating to the demand for a money judgment should be omitted unless the petition so demands):
CITY COURT OF THE CITY OF
,
)
Petitioner )
Address )
)
NOTICE OF
-against-
)
PETITION
)
Respondent )
Address )
)
To the respondents __ above named and described, in possession of the premises hereinafter described or claiming possession thereof:
PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the City Court of the City of __, __ District, to be held at __, City of __, County of __, on the _ day of __, 19, at _ am/pm, which prays for a final judgment of eviction, awarding to the petitioner the possession of premises designated and described as follows:
the __ rooms on the __ floor, Apartment No _, __ Street, City of __in the County of __, and further granting to the petitioner such other and further relief as is demanded in the petition, which you must answer.
TAKE NOTICE also that demand is made in the petition herein for judgment against you, the respondent, for the sum of $__, with interest thereon from __, 19
TAKE NOTICE that your answer may set forth any defense or counterclaim you may have against the petitioner.
TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.
TAKE NOTICE that your failure to appear and answer may result in final judgment by default for the petitioner in the amount demanded in the petition.
Dated: County of __, the _ day of __, 19
_____________
Attorney(s) for Petitioner
Office and Post Office Address
Telephone Number
______________
Clerk
(c) At the option of the petitioner, on condition that he or she serve the notice of petition at least eight days prior to the return day, the following paragraph may be inserted in the foregoing notice of petition immediately after the paragraph which sets forth the amount of money for which demand is made in the petition:
TAKE NOTICE also that your answer may be made at the time of hearing specified above unless this Notice of Petition is served upon you on or before the _ day of __, 19, in which event you must answer at least three (3) days before the petition is noticed to be heard, either orally before the clerk of the court at his or her office or in writing by serving a copy thereof upon the undersigned attorney for the* petitioner, and by filing the original of such written answer with proof of service thereof in the office of the clerk at least three (3) days before the time the petition is noticed to be heard; in addition thereto, you must appear before the court at the time and place hereinabove set forth for the hearing.
*If the petitioner appears in person, strike out the words “undersigned attorney for the.”
*If the petitioner appears in person, strike out the words “undersigned attorney for the.”
(d) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. The original papers with proof of service thereof shall be filed with the clerk within the time specified by statute.
(e) Where a part exists to hear proceedings brought pursuant to this section, an action noticed to be heard on a day when a judge is not assigned to the part shall not be accepted for filing. The papers shall be returned to the attorney with a notification as to the days on which a judge is assigned.
22 CRR-NY 210.42
Current through August 31, 2021
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