On or about October 1, 1999, the defendant began withholding rent and, following the June 2000 sale of the defendant’s unit to a nonparty, the plaintiff filed this nonpayment action. Its amended complaint sought judgment in the amount of eight months in rental arrears (October 1999 through May 2000) and parking fees at the rate contained in the proposed renewal lease or $19,558.40, plus counsel fees. The defendant’s answer interposed 11 counterclaims including, but not limited to, breach of the warranty of habitability (see Real Property Law § 235-b) and retaliatory eviction (see Real Property Law § 223-b). Her final counterclaim demanded a $2,150 judgment or set-off representing the amount of a security deposit retained by the plaintiff. The case was tried before a jury and, upon the close of evidence, the Supreme Court granted that branch of the plaintiffs motion pursuant to CPLR 4401 which was for judgment as a matter of law on its claim for unpaid rent and parking fees, dismissed the defendant’s initial 10 counterclaims, and awarded her judgment as a matter of law on the remaining counterclaim.