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New York · Through 2026-09-11

N.Y. New York City Civil Court Act § 401: Summons; issuance; form; issuance of notice of petition

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Where this section sits in the code
  1. New York City Civil Court Act
  2. Article 4. Summons

§ 401. Summons; issuance; form; issuance of notice of petition. (a)

The summons may be issued by the plaintiff's attorney or, if the

plaintiff appears without attorney, by the clerk.

(b) The summons shall direct the defendant to file his answer with the

clerk and shall otherwise be in such form as may be provided by rule. It

shall contain the residence address of the plaintiff and, if it is

issued by the plaintiff's attorney, the latter's office address.

(c) Notwithstanding the provisions of section 731 of the real property

actions and proceedings law, regarding issuance by an attorney, the

notice of petition in a summary proceeding to recover possession of real

property shall be issued only by a judge or the clerk of the court. The

original petition shall be filed with the clerk at the time the notice

of petition is issued.

(d) The summons served in an action arising from a consumer credit

transaction must be printed legibly in both Spanish and English.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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