Section 731. Commencement; notice of petition  


Latest version.
  • 1. The special proceeding
      prescribed by this article shall be commenced by petition and  a  notice
      of  petition.  A  notice  of petition may be issued only by an attorney,
      judge or the clerk of the court;  it  may  not  be  issued  by  a  party
      prosecuting the proceeding in person.
        2.  Except  as  provided  in section 732, relating to a proceeding for
      non-payment of rent, the notice of petition shall specify the  time  and
      place  of the hearing on the petition and state that if respondent shall
      fail at such time to interpose and establish any  defense  that  he  may
      have,  he  may  be precluded from asserting such defense or the claim on
      which it is based in any other proceeding or action.
        3. In the city of New York, when  the  petitioner  seeks  to  make  an
      application  pursuant  to  subdivision  two  of  section  seven  hundred
      forty-five of this article, the notice  of  petition  shall  advise  the
      respondent  of  the  requirements  of  subdivision  two of section seven
      hundred forty-five of this article.