In Tavarez v. Wearn, 8 Misc. 3d 1022[A], 2005 NY Slip Op 51236[U] (NY City Civ Ct. Kings County, 2005), the landlord sued a tenant for his failure to pay rent and the tenant In turn sought damages on an alleged breach of warranty of habitability. According to the tenant, the apartment needed to be repaired because, inter alia, the windows could not be opened, water leaked from a toilet and sink, the ceilings were water damaged and there was an infestation of mice and roaches. The tenant alleged that he complained, but that the landlord did not respond. At a hearing, the court heard testimony from the landlord which included that numerous attempts were made to address the complaints but access was often refused to the apartment. The few times that access was provided, the tenant would not permit the repairs to be made. Based on the evidence, the court held that the landlord did not breach the warranty of habitability, finding that "the tenant must provide access to the landlord for purposes of making repairs" and that "although there are conditions in the subject apartment in need of repair; tenant made it impossible for the landlord to correct them."