Tenant appeals from (1) a final judgment of the Civil Court, New York County (Maria Milin, J.), entered April 25, 2005, after a nonjury trial, which granted possession and a money judgment for rent arrears in the sum of $21,600 to landlord in a nonpayment summary proceeding and (2) an order (same court and Judge), dated May 13, 2005, which denied tenant's motion to vacate the warrant of eviction.

Per Curiam:

Final judgment (Maria Milin, J.), entered April 25, 2005, and order (same Judge), dated May 13, 2005, affirmed, without costs.

The evidence, fairly interpreted, supports a finding that the rent for the period in dispute was $1,200 per month and that tenant did not establish her breach of warranty of habitability and related defenses. Civil Court providently exercised its discretion in permitting landlord to amend non-prejudicial pleading defects at trial (Jackson v New York City Housing Authority, 88 Misc 2d 121 [1976]). However, inasmuch as the final judgment has now been satisfied and tenant has complied with her payment obligations during the period of the stay granted by this Court, we exercise our discretion and permanently stay execution of the warrant so as to avoid a forfeiture of the long-term stabilized tenancy.

This constitutes the decision and order of the court.
Decision Date: May 22, 2006