Opinion
2014-2368 S C
02-05-2016
Maria Hickey, Respondent, v. Kimberly Trahan, Appellant, -and- NICHOLAS GUIDI, Tenant.
PRESENT: :
Appeal from a final judgment of the District Court of Suffolk County, Fifth District (Vincent J. Martorana, J.), entered July 24, 2014. The final judgment, insofar as appealed from, after a nonjury trial, awarded landlord possession and the principal sum of $1,275 as against tenant Kimberly Trahan in a nonpayment summary proceeding.
ORDERED that the final judgment, insofar as appealed from, is affirmed, without costs.
In this nonpayment summary proceeding, it is undisputed that tenants did not pay rent for July 2014, and that they did not move out until July 11, 2014. Tenant Kimberly Trahan appeals from so much of a final judgment as, after a nonjury trial, awarded landlord possession and the principal sum of $1,275 as against her.
Where rent is due on the first of the month, a month-to-month tenant who vacates during the month is liable for the entire month's rent (see e.g. Deban v Hoevener, 34 Misc 3d 141[A], 2012 NY Slip Op 50080[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2012]). While Kimberly Trahan argues on appeal that tenants were not given the opportunity to present their defenses, the record reflects that they were given ample opportunity to testify. Indeed, the court specifically asked tenants if their defense to the proceeding was limited to the fact that they had vacated the apartment, and they gave a lengthy answer. At trial, tenants did not raise any issues with respect to the adequacy of the rent demand, the legality of the subject apartment, or the warranty of habitability, and we will not consider such arguments for the first time on appeal.
Accordingly, the final judgment, insofar as appealed from, is affirmed.
Marano, P.J., Iannacci and Garguilo, JJ., concur. Decision Date: February 05, 2016