Landlord Didn't Fix Leak

July 31, 2000

LVT Number: 14282

Tenant sued landlord for negligence. She had complained to landlord frequently for several years about a leak that was causing dust and mold to be present. Landlord admitted that it didn't correct the condition. Tenant claimed that she became ill from the condition in the apartment. The court ruled against tenant after a jury trial, finding that tenant's illness wasn't caused by apartment conditions. Tenant appealed. The appeals court sent the case back for a new trial. The judge had told the jury to consider whether the apartment condition caused tenant's illness.

Tenant sued landlord for negligence. She had complained to landlord frequently for several years about a leak that was causing dust and mold to be present. Landlord admitted that it didn't correct the condition. Tenant claimed that she became ill from the condition in the apartment. The court ruled against tenant after a jury trial, finding that tenant's illness wasn't caused by apartment conditions. Tenant appealed. The appeals court sent the case back for a new trial. The judge had told the jury to consider whether the apartment condition caused tenant's illness. But the judge should have told the jury to consider whether the apartment condition worsened tenant's existing medical problems, which was an issue presented at trial.

Hirsh v. Kew Gardens Hills Assocs.: NYLJ, 7/24/00, p. 30, col. 6 (App. T.2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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