1. The Laws of New York
  2. Consolidated Laws
  3. Real Property Actions & Proceedings
  4. Article 7: Summary Proceeding to Recover Possession of Real Property


Section 731 Commencement; notice of petition

Real Property Actions & Proceedings (RPA)

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.

  4. In an action premised on a tenant defaulting in the payment of rent, payment to the landlord of the full amount of rent due, when such payment is made at any time prior to the hearing on the petition, shall be accepted by the landlord and renders moot the grounds on which the special proceeding was commenced.