Landlord Claims Plumbing Company Didn't Repair Leaks

Tenant sued landlord for negligence after being injured in a slip-and-fall accident in his bathroom. Tenant claimed the bathroom floor was slippery due to leaks from the ceiling. Landlord in turn joined its plumbing contractor in the case, claiming that the plumber's failure to make proper repairs caused the condition. The plumbing company asked the court to dismiss any claim against it. The court ruled against the plumbing company, and it appealed. The appeals court ruled for the plumbing company and dismissed the case against it. Given the substantial lapse of time between the repair work done in the upstairs apartment and tenant's fall, the absence of any complaints that the work done by the plumbing company was done negligently during that period, and landlord's failure to provide any proof about the source of the leak into tenant's apartment, there was no proof that the plumbing company was responsible for tenant's injuries.

Rivera v. Adinolfi: NYLJ, p. 26, col. 3 (4/13/98) (App. Div. 1 Dept.; Sullivan, JP, Rubin, Mazzarelli, Andrias, JJ)