Notice of Petition Defective

Landlord sued to evict tenant. The court gave a judgment for landlord and ordered a warrant of eviction. Tenant then asked the court to vacate the judgment. The court found that landlord's notice of petition was defective and vacated the judgment. Under Real Property Actions and Proceedings Law Section 731[1], a notice of petition can be issued only by an attorney, judge, or clerk of the court. Landlord itself issued the notice of petition to tenant in this case. Therefore, the notice was defective.

[Winthrop Hotel Corp. v. Simmons: Index No. SP5100-92 (11/24/92) (City Ct. Yonkers; Doran, J)]. 2-page document.