| Anoula Realty Corp v Weiss |
| 2007 NY Slip Op 51496(U) [16 Misc 3d 133(A)] |
| Decided on July 12, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Gary Franklin Marton, J.), dated June 7, 2004. The final judgment awarded landlord possession and the sum of $8,925.82 in a nonpayment summary proceeding.
Final judgment affirmed without costs.
In this nonpayment proceeding seeking rent for October through December, 2003 and January 2004, tenant admitted that he had not paid rent for the period at
issue and claimed that he had withheld it because landlord breached the warranty of habitability by failing to make repairs to his apartment. However, at trial, tenant failed to establish the severity or duration of the conditions (see Park West Mgt. Corp. v Mitchell, 47 NY2d 316 [1979]; 1180 50th St. Assoc. v Topolenko, 8 Misc 3d 130[A], 2005 NY Slip Op 51040[U] [App Term, 2d & 11th Jud Dists]; Liberti v Fitzpatrick, 1 Misc 3d 134[A], 2003 NY Slip Op 51643[U] [App Term, 9th & 10th Jud Dists]; Eke v Ayanru, 2002 NY Slip Op 40206[U]) or that he gave notice of their existence to landlord (New Franconia Assoc. v Popper, 2003 NY Slip Op 51116[U] [App Term, 1st Dept]; Continental Gardens Apt. Corp. v Fardi, 2001 NY Slip Op 40524[U] [App Term, 2d & 11th Jud Dists]; see also Batista v Mohabir, 291 AD2d 365 [2002]). Accordingly, the court below properly denied an abatement to tenant.
Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: July 12, 2007