| EB Mgt. Props., LLC v Maruf |
| 2021 NY Slip Op 50770(U) [72 Misc 3d 138(A)] |
| Decided on July 30, 2021 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Sultan Al Maruf, appellant pro se. Cooper, Paroff & Graham, P.C. (Ira G. Cooper of counsel), for respondent.
Appeal from a final judgment of the Civil Court of the City of New York, Queens County (Tracy Catapano-Fox, J.), entered April 23, 2019. The final judgment, insofar as appealed from as limited by the brief, after a nonjury trial, awarded landlord possession and the sum of $4,256.62, and dismissed tenant's counterclaim for breach of the warranty of habitability, in a nonpayment summary proceeding.
ORDERED that the final judgment, insofar as appealed from, is affirmed, without costs.
Insofar as is relevant to this appeal in this nonpayment proceeding, tenant interposed a counterclaim for breach of the warranty of habitability based upon, among other things, a bedbug infestation and a water leak in the public hallway. After a nonjury trial, insofar as is relevant here, the Civil Court awarded landlord a final judgment of possession and the sum of $4,256.62, and dismissed tenant's warranty-of-habitability counterclaim.
Landlords are required to maintain properties in a habitable condition and in accord with the uses reasonably intended by the parties (see Real Property Law § 235-b; Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979]). To prevail on a defense or counterclaim based on a breach of the warranty of habitability, a tenant must offer proof as to the dates, severity and duration of the conditions complained of (see Sinclair v Ramnarace, 36 Misc 3d 150[A], 2012 NY Slip Op 51671[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]; Anoula Realty Corp. v Weiss, 16 Misc 3d 133[A], 2007 NY Slip Op 51496[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2007]), and show that notice of the conditions was given to the landlord (see Anoula Realty Corp. v Weiss, 16 Misc 3d 133[A], 2007 NY Slip Op 51496[U]; New Franconia Assoc. v Popper, 2003 NY Slip Op 51116[U] [App Term, 1st Dept 2003]). Additionally, the tenant must [*2]show that the landlord was provided with access and an opportunity to repair the conditions, yet failed to do so (see 150-15 79th Ave. Owners Corp. v James, 31 Misc 3d 132[A], 2011 NY Slip Op 50506[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]). Upon a review of the record, we find that tenant failed to meet his burden.
Accordingly, the final judgment, insofar as appealed from, is affirmed.
WESTON, J.P., TOUSSAINT and GOLIA, JJ., concur.