Hot Water Valve Exploded

Tenant, who was proprietary lessee of a cooperative apartment, sued landlord for negligence. Tenant saw a leak coming from the hot water faucet of her bathroom sink and the hot water valve next to the sink. She called landlord's managing agent, who advised her to turn off the water. After tenant had turned off the valve for a few minutes, it exploded. Tenant was sprayed with hot water and suffered burns. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant's proprietary lease stated that maintenance and repair of fixtures, including exposed plumbing, were tenant's responsibility. This included pipes that weren't within the walls. Tenant now claimed that the leak was from inside the wall, but this contradicted her claim in pretrial questioning. And landlord's repair of the valve, without charge, wasn't proof of its duty to repair. The lease barred any oral change or waiver.

Machado v. Clinton Hous. Dev. Co., Inc.: NYLJ, 7/11/05, p. 25, col. 2 (App. Div. 1 Dept.; Andrias, JP, Friedman, Marlow, Gonzalez, Catterson, JJ)