When the Petitioner commenced this action he was required to provide written five day notice to the Respondent. The primary purpose of summary proceedings is the speedy and expeditious disposition of the right of the landlord to the immediate possession of his property. While a landlord my seek a judgment for back rent, the summary proceeding is to reclaim possession of his real property and not the collection of overdue rent. Barstow Road Owners, Inc. v. Billing et al., 179 Misc 2d 958 (First Dist. Ct. Nassau Co. 1998); Tivoli Associates v. Wing, 122 Misc 2d 901 (Civ. Ct. Kings Co. 1984). In an action to recover allegedly unpaid rent the Court of Appeals held that the issuance and service of the notice of petition and petition by a landlord is an election and declaration by the landlord that the tenant should remove himself from the premises and that the lease should be canceled. The issuance and service of the petition upon the tenant cancels the lease and annuls the relation of landlord and tenant as of the time of the removal from the premises by the tenant. Cornwell v. Sanford, 222 NY 248 (1917); See also, Reich v. Cochran, 201 NY 450 (1911).
The petition in this case alleges in paragraph "6" that: "(s)aid rent has been duly demanded personally from the tenant since the same became due." Paragraph "19" of the lease recited above requires five days written notice to the respondent before an eviction proceeding may be maintained. The essentials of the notice of petition and petition are specifically regulated and are strictly construed. R.P.A.P.L. 741.