Opinion
570784/02.
Decided March 3, 2004.
Tenant appeals from a final judgment of the Civil Court, New York County, entered August 21, 2001 after a nonjury trial (Maria Milin, J.) awarding landlord possession and a money judgment in the sum of $3,023.79 in a nonpayment summary proceeding. Landlord cross-appeals from so much of the same final judgment as denied landlord's application for attorneys' fees.
Final judgment entered August 21, 2001 (Maria Milin, J.) affirmed, with $25 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
We affirm the judgment in landlord's favor entered after trial in this residential nonpayment proceeding. As determined by the Housing Court, landlord made out a prima facie case of outstanding rent through the date of trial. Tenant failed to establish a breach of the warranty of habitability (see, Park W. Mgt. Corp. v. Mitchell, 47 NY2d 316, 327-328, cert denied 444 US 992) or that her legal regulated rent was incorrect.
Landlord's cross-appeal, not having been briefed, is deemed abandoned.
This constitutes the decision and order of the court.