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Nachajski v Siwiec
2011 NY Slip Op 51118(U) [31 Misc 3d 150(A)]
Decided on June 14, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 14, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : STEINHARDT, J.P., GOLIA and RIOS, JJ
2010-72 K C.

Andrew Nachajski, WALDEMAR NACHAJSKI, JAN NACHAJSKI and HALINA CHMURA, Respondents,

against

Danuta Siwiec, Appellant.


Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Marcia J. Sikowitz, J.), entered December 29, 2009. The final judgment, after a nonjury trial, awarded landlords possession and the sum of $3,226.38.


ORDERED that the final judgment is affirmed, without costs.

After a nonjury trial in this nonpayment summary proceeding, the Civil Court found that tenant had failed to establish her defense of breach of the warranty of habitability because, among other things, she had failed to notify landlords of the alleged conditions needing repair. Accordingly, the court granted landlords a final judgment awarding them possession and the arrears sought.

As the record amply supports the Civil Court's determination, and as tenant's claim, raised for the first time on appeal, that she had documentary evidence of violations which her attorney failed to submit, is outside the record and will not be considered (see Chimarios v Duhl, 152 AD2d 508 [1989]), the final judgment is affirmed.

Steinhardt, J.P., Golia and Rios, JJ., concur.
Decision Date: June 14, 2011