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. 12, March 20, 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.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.