Landlord Had No Notice Before Pipe Burst

LVT Number: #26324

Tenant sued landlord and its managing agent in small claims court for water damage to her property caused by a broken pipe in her apartment building. The court dismissed the case against the managing agent, finding that only landlord could be liable. Tenant claimed at trial that landlord was negligent since it didn’t contact her in a timely manner after discovering the leak. The court ruled against tenant, who appealed and lost. Landlord had no notice of any potential defect in a pipe inside the wall and, as soon as it learned of the broken pipe, repaired it as quickly as possible.

Tenant sued landlord and its managing agent in small claims court for water damage to her property caused by a broken pipe in her apartment building. The court dismissed the case against the managing agent, finding that only landlord could be liable. Tenant claimed at trial that landlord was negligent since it didn’t contact her in a timely manner after discovering the leak. The court ruled against tenant, who appealed and lost. Landlord had no notice of any potential defect in a pipe inside the wall and, as soon as it learned of the broken pipe, repaired it as quickly as possible. It was also unclear that, had tenant been contacted immediately after the pipe burst, there would have been any less damage to her property. 

 

 

 
Suk v. K&C Building-35, LLC: 48 Misc.3d 132(A), 2015 NY Slip Op 51055(U) (App. T. 2 Dept.; 7/7/15; Weston, JP, Aliotta, Elliot, JJ)