Appeal by tenant from a final judgment of the Justice Court, Town of New Windsor, Orange County (D. Suttlehan, J.), dated November 15, 2003, as amended December 9, 2003 (see CPLR 5520 [c]), awarding landlord $998 in rent and use and occupancy, $350 in attorney's fees, plus costs and disbursements.

Amended final judgment unanimously reversed without costs and matter remanded to the court below for a new trial.

An oral or written rent demand is a "predicate requirement[ ] of a summary proceeding" (Matter of Salvatore & Catherine Pepe v Miller & Miller Consulting Actuaries, 221 AD2d 545, 546 [1995]). The sparse Justice's minutes fail to indicate whether landlord proved a rent demand, and if written, whether it was served in compliance with RPAPL 735. Under the circumstances, a new trial is required for a fuller development of the facts including compliance with the statutory condition precedent, an element of petitioner's prima facie case (see RPAPL 711 [2]; Garvey v Calder, 7 Misc 3d 130[A], 2005 NY Slip Op 50538[U] [App Term, 9th & 10th Jud Dists]; Martine Associates LLC v Mink, 5 Misc 3d 61 [App Term, 9th & 10th Jud Dists 2004]; 2 Dolan, Rasch's Landlord and Tenant - Summary Proceedings § 32:13, at 499 [4th ed]).
Decision Date: July 08, 2005