Opinion
570288/04, 05-030-031.
Decided December 8, 2005.
Tenant appeals 1) from a final judgment of the Civil Court, New York County (Cyril K. Bedford, J.), entered February 6, 2004 after a nonjury trial, awarding landlord possession and rent arrears in the principal amount of $4,401.12 on the nonpayment petition, and 2) from a judgment (same court and Judge), entered April 5, 2004, awarding landlord $2,985 in attorney's fees.
Final judgment (Cyril K. Bedford, J.), entered February 6, 2004, and judgment (Cyril K. Bedford, J.), entered April 5, 2004, affirmed, without costs.
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ., Justices.
The trial court properly awarded landlord a full recovery of the rent arrears shown to be due on the nonpayment petition, as well as attorney's fees as the prevailing party. The tenant's post-petition tender of a portion of the accrued rent did not provide a viable defense. To the extent that tenant now argues that landlord breached the warranty of habitability ( see Real Property Law § 235-b), the issue was not raised in her answer or at trial and, thus, appellate review is precluded ( see Ellis v. Collegetown Plaza, LLC. 301 AD2d 758). The court's award of attorneys' fees was authorized by the terms of the governing lease agreement and was within reasonable limits.
This constitutes the decision and order of the Court.