The only legal defense to landlord’s rent claim set forth in the joint answer filed by tenant and Maritza, viz., petitioner landlord’s claimed breach of the statutory implied warranty of habitability (see Real Property Law § 235-b), should have been dismissed on summary judgment. Significantly, tenant made no mention in his affidavit below of any rent impairing conditions. And while the affidavit submitted by Maritza did identify several alleged apartment defects, no showing was made that she or anyone else ever notified the landlord or its agents of any such conditions; indeed, Maritza readily acknowledged that she intentionally refrained from doing so in order to avoid “causing] more trouble by raising repair issues.” The absence of the requisite notice of the alleged apartment defects is fatal to tenant’s habitability defense (see Matter of Moskowitz v Jorden, 27 AD3d 305, 306 [2006]). In this posture, and since tenant did not otherwise controvert the existence or amount of his rent indebtedness, we deem tenant’s rent liability established for all purposes in the proceeding (see CPLR 3212 [g]). We agree, however, that tenant’s equitable defense of laches is not subject to summary disposition. The circumstances and reasonableness of landlord’s delay in instituting this nonpayment proceeding must be more fully explored at trial before the bona fides of this defense are determined (see City of New York v Betancourt, 79 Misc 2d 907 [1974]).