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This entry was published on 2019-06-28
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Commencement; notice of petition
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 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.

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.