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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 732: Special provisions applicable in non-payment proceeding if the rules so provide

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 7. Summary Proceeding to Recover Possession of Real Property

§ 732. Special provisions applicable in non-payment proceeding if the

rules so provide. If the appropriate appellate division shall so provide

in the rules of a particular court, this section shall be applicable in

such court in a proceeding brought on the ground that the respondent has

defaulted in the payment of rent; in such event, all other provisions of

this article shall remain applicable in such proceeding, except to the

extent inconsistent with the provisions of this section.

1. The notice of petition shall be returnable before the clerk, and

shall be made returnable within ten days after its service.

2. If the respondent answers, the clerk shall fix a date for trial or

hearing not less than three nor more than eight days after joinder of

issue, and shall immediately notify by mail the parties or their

attorneys of such date. If the determination be for the petitioner, the

issuance of a warrant shall not be stayed for more than five days from

such determination, except as provided in section seven hundred

fifty-three of this article.

3. If the respondent fails to answer within ten days from the date of

service, as shown by the affidavit or certificate of service of the

notice of petition and petition, the judge shall render judgment in

favor of the petitioner and may stay the issuance of the warrant for a

period of not to exceed ten days from the date of service, except as

provided in section seven hundred fifty-three of this article.

4. The notice of petition shall advise the respondent of the

requirements of subdivisions 1, 2 and 3, above.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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