In this instance, viewing the facts in the light most favorable to the defendant, the evidence adduced at trial was sufficient to establish a prima facie case for breach of the warranty of habitability. The defendant testified, and submitted several photographs documenting her claim, inter alia, that some radiators and the oven were broken, a bathroom sink, the kitchen sink, and a toilet were not fully operational, the tile floor in the kitchen was “coming up,” there was water damage to the ceiling and walls, and several windows were cracked. Thus, there was sufficient evidence in the record to permit a rational fact-finder to conclude that the warranty of habitability had been breached (see Sazer v Marino, 280 AD2d 537, 538 [2001]; Smith v Maya, 1999 WL 1037917 [1999]; 601 W. 160 Realty Corp. v Henry, 183 Misc 2d 666, 671 [2000], affd 189 Misc 2d 352 [2001]). Accordingly, the Supreme Court erred in granting those branches of the plaintiffs motion pursuant to CPLR 4401 which were for judgment as a matter of law on its claim for rental arrears and dismissal of the fifth counterclaim.