§ 793 — Commencement; notice of petition; time and manner of service

New York § 793

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 7-B: Special Proceeding For the Removal of Abandoned Manufactured Homes

Text

§ 793. Commencement; notice of petition; time and manner of service.\n1. The special proceeding prescribed by this article shall be commenced\nby filing a petition and a notice of petition. The petition shall comply\nwith the requirements of a complaint in an action and shall state that\nif respondent shall fail at such time to interpose and establish any\ndefense that he may have, he may be precluded from asserting such\ndefense or the claim on which it is based in any other proceeding or\naction, that a final judgment may be rendered if the court finds that\nthe petitioner has made the requisite showing; and that the result of\nthat final judgment shall be the loss of the resident's home.\n 2. The notice of petition, together with the petition and affidavits\nspecified in the notice, shall be served upon the owner of the\nmanufactured home in a manner prescribed by this section at least thirty\ndays before the time at which the petition is noticed to be heard.\n 3. Service of the notice of petition and petition shall be made in the\nsame manner as a summons in an action.\n 4. The notice of petition and petition, together with proof of service\nthereof, shall be filed with the court or clerk thereof within three\ndays after service has been completed.\n