Legal Question in Real Estate Law in New York

Notice Of Petition: Non-Payment Residential

I received a post card from the Clerk of the Civil Court of the City of

New York. This followed a Notice of Petition for Non-Payment of

Residential rent. Prior to this I had also received a Three-Day notice

from the landlord's attorneys. Between the time I received the

Three-Day Notice and the Notice of Petition, I had paid the landlord

$2909.36 of the $3024.06 demanded in the petition. I did not pay the

balance of $114.70 because my rent had increased on April 1, and I

neglected to take this into account. In each case the landlord

accepted payment. I have since sent that amount - $114.70 - to the

landlord via Express Mail. I feel behind due to a chronic medical illness,

and informed the landlord of this. I sent copies of these letters, as

well as my most recent pay stubs from my recent employment as a

means of proving my ability to now meet my payments in a timely

manner to the Clerk's Office, the Landlord, the Landlord's attorneys,

and the New York City Public Advocates Office. My question: What do

I need to do to prepare for my court appearance? Is there a way I can

either avoid going to court or postpone my appearance? Will I need an

attorney, and what is the likelihood that I'll be evicted?

1 Answer from Attorneys

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