Bianco v. Mack

This is a summary proceeding brought by petitioner for the recovery of real property and the payment of the rent in arrears, pursuant to article 83 of the Civil Practice Act of the State of New York.

At the trial defendant’s attorney entered a general denial. After the conclusion of plaintiff’s proof, defendant then moved for a dismissal on several grounds. Only one is considered here, that the plaintiff failed to prove all the material allegations of the petition, referring specifically to the point that there was no proof of service of the three-day notice to pay the rent in default.

Plaintiff…