Defective Cabinets Fell and Damaged Tenant's Property

November 1, 2000

LVT Number: 14497

Tenant sued landlord in small claims court for damages after her kitchen cabinets fell down and damaged her property. The cabinets were installed shortly before she moved into the apartment and fell down a year later. At the trial, landlord's employee admitted that no toggle screws or wall studs were used to install the cabinets. Tenant's personal property---dishes, glasses, a few antique bowls---was damaged, but she submitted proof only of the replacement cost. The court ruled for tenant. She sufficiently proved that landlord negligently installed the cabinets.

Tenant sued landlord in small claims court for damages after her kitchen cabinets fell down and damaged her property. The cabinets were installed shortly before she moved into the apartment and fell down a year later. At the trial, landlord's employee admitted that no toggle screws or wall studs were used to install the cabinets. Tenant's personal property---dishes, glasses, a few antique bowls---was damaged, but she submitted proof only of the replacement cost. The court ruled for tenant. She sufficiently proved that landlord negligently installed the cabinets. As to the amount of damages, the court gave tenant the market value, which it calculated to be two thirds of the replacement cost of the items.

Schultz v. 156 E. 30 Realty LLC: NYLJ, 10/3/00, p. 27, col. 6 (Civ. Ct. NY; Billings, J)

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