§ 732 — Special provisions applicable in non-payment proceeding if the rules so provide

New York § 732

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 7: Summary Proceeding to Recover Possession of Real Property

Text

§ 732. Special provisions applicable in non-payment proceeding if the\nrules so provide. If the appropriate appellate division shall so provide\nin the rules of a particular court, this section shall be applicable in\nsuch court in a proceeding brought on the ground that the respondent has\ndefaulted in the payment of rent; in such event, all other provisions of\nthis article shall remain applicable in such proceeding, except to the\nextent inconsistent with the provisions of this section.\n 1. The notice of petition shall be returnable before the clerk, and\nshall be made returnable within ten days after its service.\n 2. If the respondent answers, the clerk shall fix a date for trial or\nhearing not less than three nor more than eight days after joinder of\nissue, and shall immediately notify by mail the parties or their\nattorneys of such date. If the determination be for the petitioner, the\nissuance of a warrant shall not be stayed for more than five days from\nsuch determination, except as provided in section seven hundred\nfifty-three of this article.\n 3. If the respondent fails to answer within ten days from the date of\nservice, as shown by the affidavit or certificate of service of the\nnotice of petition and petition, the judge shall render judgment in\nfavor of the petitioner and may stay the issuance of the warrant for a\nperiod of not to exceed ten days from the date of service, except as\nprovided in section seven hundred fifty-three of this article.\n 4. The notice of petition shall advise the respondent of the\nrequirements of subdivisions 1, 2 and 3, above.\n