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.

PER CURIAM:

Final judgment (Cyril K. Bedford, J.), entered February 6, 2004, and judgment (Cyril K. Bedford, J.), entered April 5, 2004, affirmed, without costs.

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 [2003]). 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. [*2]
Decision Date: December 08, 2005