Per Curiam
Tenant appealed from a Civil Court order awarding landlord possession and nearly $70,000 after a non-jury trial in this commercial nonpayment summary action. Tenant claimed the rent notice was defective and that it was partially evicted from the leased premises. The unanimous panel noted Real Property Actions and Proceedings Law §711(2) did not require the service of a 10 day notice as a predicate to the commencement of a nonpayment proceeding, noting tenant did not contend there was any provision in the lease requiring service of a 10-day notice. Also, tenant, located on the third floor, asserted a defense of partial actual eviction based on its inability to use the elevator for extended periods of time during building construction. Yet, the panel noted that even assuming the elevator was part of the leased premises, tenant’s argument fails as the lease provided no abatement because of repairs done to the premises. It further ruled tenant was not entitled to an abatement of rent or defense of partial actual eviction based on a lease rider providing for two reserved parking spaces, but same were inaccessible as a result of building construction, noting the lease did not identify two specific parking spaces to which tenant was entitled. Thus, the final judgment was affirmed.
