Hotel Concord, Inc. v. Callaghan

Summary proceedings for non-payment of rent, amounting to $3,333.33, under written lease. The tenant, appearing without attorney, answered: “Admits and offers to pay $803.33. Denies balance.”

The trial justice dismissed the landlord’s petition on the ground that “ no demand was made as provided by section 1410 of the Civil Practice Act.” In his opinion he says: “ This proceeding is dismissed on the ground that no demand has been made personally on the tenant by the landlord or his agent on the day the rent was due. Such demand as has been established was made after the petition was filed.” And…