New York § 401 Summons; issuance; form; issuance of notice of petition

New York Statutes

§ 401 — Summons; issuance; form; issuance of notice of petition

New York § 401

Law CCANew York City Civil Court

Art. 4Summons

This text of New York § 401 (Summons; issuance; form; issuance of notice of petition) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. New York City Civil Court § 401 (2026).

Text

§ 401. Summons; issuance; form; issuance of notice of petition.

(a)\nThe summons may be issued by the plaintiff's attorney or, if the\nplaintiff appears without attorney, by the clerk.\n (b) The summons shall direct the defendant to file his answer with the\nclerk and shall otherwise be in such form as may be provided by rule. It\nshall contain the residence address of the plaintiff and, if it is\nissued by the plaintiff's attorney, the latter's office address.\n (c) Notwithstanding the provisions of section 731 of the real property\nactions and proceedings law, regarding issuance by an attorney, the\nnotice of petition in a summary proceeding to recover possession of real\nproperty shall be issued only by a judge or the clerk of the court. The\noriginal petition shall be filed with th

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§ 401. Summons; issuance; form; issuance of notice of petition. (a)\nThe summons may be issued by the plaintiff's attorney or, if the\nplaintiff appears without attorney, by the clerk.\n (b) The summons shall direct the defendant to file his answer with the\nclerk and shall otherwise be in such form as may be provided by rule. It\nshall contain the residence address of the plaintiff and, if it is\nissued by the plaintiff's attorney, the latter's office address.\n (c) Notwithstanding the provisions of section 731 of the real property\nactions and proceedings law, regarding issuance by an attorney, the\nnotice of petition in a summary proceeding to recover possession of real\nproperty shall be issued only by a judge or the clerk of the court. The\noriginal petition shall be filed with the clerk at the time the notice\nof petition is issued.\n (d) The summons served in an action arising from a consumer credit\ntransaction must be printed legibly in both Spanish and English.\n