Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered September 16, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $7,500.

ORDERED that the judgment is affirmed, without costs.

Plaintiff, defendant's former tenant, commenced this action to recover, among other things, the sum of $7,500, representing the balance allegedly due plaintiff upon his vacating the premises, pursuant to a so-ordered stipulation entered into in the Housing Part of the Civil Court. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $7,500. Upon a review of the record, we find that the Civil Court properly found that defendant had defaulted in making a payment to plaintiff in the amount of $7,500 pursuant to the stipulation.

On appeal, defendant merely contends that plaintiff damaged the premises, and that the damages he suffered as a result should offset any amount to which plaintiff is otherwise entitled. As defendant did not raise this issue in the Civil Court, the issue is dehors the record and, therefore, cannot be considered on this appeal (see Nash v Yablon-Nash, 61 AD3d 832 [2009]; [*2]Kalousdian v Kalousdian, 35 AD3d 669 [2006]).

Accordingly, the judgment is affirmed.

Rios, J.P., Weston and Aliotta, JJ., concur.
Decision Date: July 12, 2013