OBERLIES v. OLIVA

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.

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

Judgment affirmed, etc.