Opinion
November 20, 1995
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the appeal from the order entered July 12, 1993, is dismissed, without costs or disbursements; and it is further,
Ordered that the judgment entered August 17, 1993, is reversed, on the law, without costs or disbursements, the order dated July 12, 1993, is vacated, the petition is denied, and the proceeding is dismissed.
The appeal from the intermediate order entered July 12, 1993, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the proceeding (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
The landlord, Salvatore and Catherine Pepe, Partners, failed to meet the predicate requirements of a summary proceeding, which are either a demand for rent or at least three days' written notice requiring payment of the rent due or possession of the premises, served in compliance with RPAPL 735 (see, RPAPL 711). This material noncompliance with the statute requires dismissal of the proceeding (see, Stier v President Hotel, 28 A.D.2d 795; Zenila Realty Corp. v Masterandrea, 123 Misc.2d 1; Schwartz v Weiss-Newell, 87 Misc.2d 558; 2 Rasch, New York Landlord and Tenant — Summary Proceedings § 32:13, at 512 [3d ed]; cf., Lanz v Lifrieri, 104 A.D.2d 400).
The parties' remaining contentions are either without merit or academic in light of our disposition. Bracken, J.P., Santucci, Joy and Friedmann, JJ., concur.