New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.42 - Proceedings under article 7 of the Real Property Actions and Proceedings Law

Current through Register Vol. 46, No. 28, July
				  10, 2024
(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)
NOTICE OF
Address)
PETITION
- against -
)
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 __, __, 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 ____
TAKE NOTICE that your answer, which may be made at the
					 time of the hearing specified above, 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 ___, __
					 _____________
Attorney(s) for Petitioner
Office and Post Office Address
Telephone Number
_____________
Clerk
(c) 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.
(d) 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.