Halcyon Real Estate Corp. v. Von Bayer
This text of 155 N.Y.S. 351 (Halcyon Real Estate Corp. v. Von Bayer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This proceeding was instituted pursuant to section 2231, subd. 2, of the Code of Civil Procedure. The landlord not alone failed to prove either a demand of the rent or the service of the three days notice required by the said Code provision. On the contrary, he proved that no demand had been made. The proceeding should have been [352]*352dismissed, upon the tenant’s motion, made at the conclusion of the trial.
Order reversed, with $30 costs, and proceeding dismissed without prejudice to the bringing of a proceeding after demand or notice. All concur.
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Cite This Page — Counsel Stack
155 N.Y.S. 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halcyon-real-estate-corp-v-von-bayer-nyappterm-1915.