§ 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.

Terms Used In N.Y. Real Property Actions and Proceedings Law 793

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • manufactured home: means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include a "mobile home" as defined in subdivision five of this section, and shall include a structure which meets all the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development. See N.Y. Real Property Actions and Proceedings Law 790
  • Summons: Another word for subpoena used by the criminal justice system.

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.

  Previous section
Next section  
 Article 7-B Contents