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This entry was published on 2014-09-22
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SECTION 401
Summons; issuance; form; issuance of notice of petition
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 4
§ 401. Summons; issuance; form; issuance of notice of petition. (a)
The summons may be issued by the plaintiff's attorney or, if the
plaintiff appears without attorney, by the clerk.

(b) The summons shall direct the defendant to file his answer with the
clerk and shall otherwise be in such form as may be provided by rule. It
shall contain the residence address of the plaintiff and, if it is
issued by the plaintiff's attorney, the latter's office address.

(c) Notwithstanding the provisions of section 731 of the real property
actions and proceedings law, regarding issuance by an attorney, the
notice of petition in a summary proceeding to recover possession of real
property shall be issued only by a judge or the clerk of the court. The
original petition shall be filed with the clerk at the time the notice
of petition is issued.

(d) The summons served in an action arising from a consumer credit
transaction must be printed legibly in both Spanish and English.