issue and claimed that he had withheld it because landlord breached the warranty of habitability by failing to make repairs to his apartment. However, at trial, tenant failed to establish the severity or duration of the conditions (see Park West Mgt. Corp. v Mitchell, 47 NY2d 316 [1979]; 1180 50th St. Assoc. v Topolenko, 8 Misc 3d 130[A], 2005 NY Slip Op 51040[U] [App Term, 2d & 11th Jud Dists]; Liberti v Fitzpatrick, 1 Misc 3d 134[A], 2003 NY Slip Op 51643[U] [App Term, 9th & 10th Jud Dists]; Eke v Ayanru, 2002 NY Slip Op 40206[U]) or that he gave notice of their existence to landlord (New Franconia Assoc. v Popper, 2003 NY Slip Op 51116[U] [App Term, 1st Dept]; Continental Gardens Apt. Corp. v Fardi, 2001 NY Slip Op 40524[U] [App Term, 2d & 11th Jud Dists]; see also Batista v Mohabir, 291 AD2d 365 [2002]). Accordingly, the court below properly denied an abatement to tenant.
Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: July 12, 2007