N.Y. Real Property Actions & Proceedings Law § 793
Commencement; notice of petition; time and manner of service
New York · New York Real Property Actions & Proceedings Law · Status: effective · Effective 2014-09-22
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- N.Y. Real Property Actions & Proceedings Law § 793, Commencement; notice of petition; time and manner of service, New York, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/1126897
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§ 793. Commencement; notice of petition; time and manner of service.
1. The special proceeding prescribed by this article shall be commenced
by filing a petition and a notice of petition. The petition shall comply
with the requirements of a complaint in an action and shall 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, that a final judgment may be rendered if the court finds that
the petitioner has made the requisite showing; and that the result of
that final judgment shall be the loss of the resident's home.
2. The notice of petition, together with the petition and affidavits
specified in the notice, shall be served upon the owner of the
manufactured home in a manner prescribed by this section at least thirty
days before the time at which the petition is noticed to be heard.
3. Service of the notice of petition and petition shall be made in the
same manner as a summons in an action.
4. The notice of petition and petition, together with proof of service
thereof, shall be filed with the court or clerk thereof within three
days after service has been completed.