OBERLIES v. OLIVA


45 Misc.2d 533 (1964)

Marie Oberlies, Appellant, v. John Oliva, Respondent.

Supreme Court, Appellate Term, First Department.

December 17, 1964


Attorney(s) appearing for the Case

Angelo C. Ninivaggio for appellant.

Concur — GOLD, J. P., CAPOZZOLI and HOFSTADTER, JJ.


Per Curiam.

Landlord has not proven a proper demand for the rent as provided by statute (Real Property Actions and Proceedings Law, § 711, subd. 2) and failure to comply with the statute bars the proceeding to obtain possession of leased premises (Fleisher v. Wolff, 91 N.Y.S.2d 427).

The judgment should be affirmed, without costs, and without prejudice to a new proceeding.

Judgment...

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