Notice Of Holdover Petition {NYCCC NHOP}

CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF ________________ HOUSING PART _________ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .L . . . . Index. No.:. __________________________ .&T .... ... ........ : Petitioner (Landlord) -against: : Respondent(s) (Tenant[s]) : Address : Respondent(s) (Undertenant[s]) : : NOTICE OF PETITION FOR HOLD OVER [22 NYCRR § 208.42(b)] Petitioner's Residence Address: _______________________________________________ _______________________________________________ Petitioner's Business Address: _______________________________________________ _______________________________________________ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: To the respondent(s) above named and described, in possession of the premises hereinafter described or claiming possession thereof: PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the Civil Court of the City of New York, ________ Part, to be held at __________________________________________________________ County of _______________ on the _____ day of ____________, 20___, at __________________, which prays for a final judgment of eviction awarding to the petitioner the possession of the premises designated and described as follows: The ______________________________ at ______________________________________________________________, City of New York, County of _________________ and further granting to the petitioner such other and further relief as is demanded in the petition, which you must answer. TAKE NOTICE also that demand is made in the petition herein for judgment against you, the respondent, for the sum of $___________________ with interest thereon from ________________, 20___. TAKE NOTICE that demand is also sought against John Does 1-10 for a judgment for your period of occupancy from ______________________ to ___________________and to date for the fair value of use and occupancy of the premises; TAKE NOTICE that your answer may set forth any defense or counterclaim you may have against the petitioner. (If this Notice of Petition is served at least 8 days prior to the return date) TAKE NOTICE also that your answer may be made at the time of hearing specified above unless this Notice of Petition is served upon you on or before the ______ day of ______________, 20___ in which event you must answer at least three (3) days before the petition is noticed to be heard, either orally before the clerk of the, court at his or her office or in writing by serving a copy thereof upon the undersigned attorney for the petitioner the petitioner, and by filing the original of such written answer with proof of service thereof in the office of the clerk at least three (3) days before the time the petition is noticed to be heard; in addition thereto, you must appear before the court at the time and place hereinabove set forth for the hearing. TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or proceeding or action. TAKE NOTICE that your failure to appear and answer may result in final judgment by default for the petitioner in the amount demanded in the petition. TAKE NOTICE that under section 745 of the Real Property Actions and Proceedings Law, you may be required by the Court to make a deposit of use and occupancy, or a payment of use and occupancy to the petitioner, upon your second request for an adjournment or if the proceeding is not settled or a final determination has not been made by the Court within 30 days of the first court appearance. Failure to comply with an initial deposit or payment order may result in the entry of a final judgment against you without a trial. Failure to make subsequent required deposits or payments may result in an immediate trial on the issues raised in your answer. Dated: County of _______________, the _______ day of _______________, 20 ___ ____________________________________________ Attorney(s) for Petitioner _____________________________________________ Clerk ____________________________________________ ____________________________________________ Office & Post Ofice Address, Telephone American LegalNet, Inc. www.FormsWorkflow.com