2006 New York Code - Summons; Issuance; Form; Issuance Of Notice Of Petition.



 
    §  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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.