Legal Question in Landlord & Tenant Law in New York

In n.y york state.does a notice of petition and petition to recovery real property have to be filed with the court before a court date is given and served on the respondent.


Asked on 9/24/13, 10:13 am

1 Answer from Attorneys

kevin connolly Kevin J. Connolly

Yes. The notice of petition, unlike a summons, cannot be issued by the attorney but only by the clerk of the court, and he won't do so unless the filng fee is paid. If an attorney had you served with a notice of petition that was not issued by the clerk than we should discuss your defenses. [email protected]

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Answered on 9/25/13, 2:21 pm


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