N.Y. Real Property Actions & Proceedings Law Section 793

  • notice of petition
  • time and manner of service


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.


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.


Service of the notice of petition and petition shall be made in the same manner as a summons in an action.


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.

Source: Section 793 — Commencement; notice of petition; time and manner of service, https://www.­nysenate.­gov/legislation/laws/RPA/793 (updated Sep. 22, 2014; accessed Jun. 22, 2024).

Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 793’s source at nysenate​.gov

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