The Law Offices of Gerald G. Wright, P.C. (Gerald G. Wright and Colleen Kerwick of counsel), for appellant. Kenneth B. Mock, for respondent (no brief filed).

Appeal from a final judgment of the District Court of Nassau County, First District (Christopher J. Coschignano, J.), entered September 15, 2023. The final judgment, after a nonjury trial, awarded landlord possession and the principal sum of $44,000 in a nonpayment summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this nonpayment proceeding, landlord sought possession based upon rent arrears from January 2021 through April 2022, and a monetary award. At a nonjury trial, landlord testified that the monthly rent was $3,500, but that tenant had paid $2,200 in rent until he stopped paying entirely. Tenant admitted that he stopped paying rent entirely in January 2022. The petition was amended at trial to include rent for the period through August 2023 at $3,500 per month. It is undisputed that tenant had intended to purchase the subject property, that the parties entered into a written lease agreement dated August 4, 2020 wherein tenant agreed to pay $2,200 per month until the parties closed on the property, and that the closing never occurred. Tenant alleged that he never received rent receipts from landlord, or written notice that he had failed to pay rent.

Following the trial, the District Court (Christopher J. Coschignano, J.) awarded landlord possession and the principal sum of $44,000, representing rent arrears from January 2022 through August 2023 at $2,200 per month.

Contrary to tenant's contention on appeal, landlord's alleged failure to comply with Real [*2]Property Law § 235-e, by not providing tenant with rent receipts and written notice that he had failed to pay rent within five days of the due date, does not provide a basis for reversal or modification of the judgment. In light of tenant's admissions that he agreed to pay $2,200 per month until the parties closed on the property, that the closing never occurred, and that he stopped paying rent in January 2022, the rent receipts and written notice of the failure to pay rent were not necessary to determine the amount of rent that was owed (see Lawler v Canfield, 66 Misc 3d 312, 317-318 [Watertown City Ct, Jefferson County 2019]). Consequently, the District Court properly declined to penalize landlord for any non-compliance with Real Property Law § 235-e.

Tenant's claim regarding landlord's ownership interest in the property, which implicates standing (see Marcus v Lavalasse, 81 Misc 3d 136[A], 2023 NY Slip Op 51403[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2023]; Citi Dev. & Mgt., Inc. v Tirado, 15 Misc 3d 138[A], 2007 NY Slip Op 50938[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2007]), is not properly before this court, as this claim was raised for the first time, following the entry of the final judgment, in an order to show cause which the District Court declined to sign. In any event, tenant's contention is without merit (see RPAPL 721 [1]; Attia v Imoukhuede, 55 Misc 3d 135[A], 2017 NY Slip Op 50490[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2017]; Halle Realty Co. v Abduljaami, 42 Misc 3d 148[A], 2014 NY Slip Op 50390[U], *1 [App Term, 1st Dept 2014]; 100 Apt. Assoc., Inc. v Estavillo, 18 Misc 3d 67, 68 [App Term, 2d Dept, 9th & 10th Jud Dists 2007]). Tenant's remaining contentions also lack merit.

Accordingly, the final judgment is affirmed.

GARGUILO, P.J., WALSH and GOLDBERG-VELAZQUEZ, JJ., concur.