Opinion
December 17, 1964
Appeal from the Civil Court of the City of New York, County of Bronx, MARGARET M.J. MANGAN, J.
Angelo C. Ninivaggio for appellant.
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.
Concur — GOLD, J.P., CAPOZZOLI and HOFSTADTER, JJ.
Judgment affirmed, etc.