Appeal from a judgment of the District Court of Suffolk County, First District (Philip Goglas, J.), entered August 25, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,109.37.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this action to recover the principal sum of $4,109.37 for breach of a lease. At a nonjury trial, plaintiff established that defendant had vacated the apartment in August 2008, prior to the expiration of the lease term. Defendant claimed that he had moved out of the premises because the tenant residing in the apartment below him was a criminal and was selling drugs. Defendant testified that he had complained to plaintiff about that tenant and the noise disturbances caused by parties hosted by that tenant. In addition, defendant claimed that he feared for his life because of threats made toward him by that tenant. Following the trial, the District Court awarded plaintiff judgment in the principal sum of $4,109.37.

On appeal, defendant contends that plaintiff is not entitled to recover the rent for the period sought in this action because plaintiff had breached the warranty of habitability by failing to take steps to protect him from the other tenant, thus, in effect, constructively evicting him from the premises. However, defendant is collaterally estopped from relitigating this issue, since he was given a full and fair opportunity to litigate this issue in a prior nonpayment summary proceeding and the issue was determined against him (see Gramatan Home Invs. Corp. v Lopez, 46 NY2d 481, 485 [1979]). As the record supports the District Court's determination, we find no basis to disturb the judgment.

Accordingly, the judgment is affirmed.

LaSalle, J.P., Nicolai and Iannacci, JJ., concur.
Decision Date: January 10, 2014