N.Y. Real Property Actions & Proceedings Law § 731: Commencement; notice of petition

§ 731. Commencement; notice of petition. 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.

4. In an action premised on a tenant defaulting in the payment of

rent, payment to the landlord of the full amount of rent due, when such

payment is made at any time prior to the hearing on the petition, shall

be accepted by the landlord and renders moot the grounds on which the

special proceeding was commenced.