Landlord May Be Liable for Incompetent Contractor

June 30, 2002

LVT Number: 15925

Tenant sued landlord, claiming that landlord didn't repair water leaks in his apartment and that it hired an incompetent contractor to do roof, exterior, and terrace repairs. Tenant claimed also that landlord didn't inspect or supervise the contractor's work. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Landlord had a duty to maintain the building and couldn't claim that it wasn't responsible because its contractor did the work in question.

Tenant sued landlord, claiming that landlord didn't repair water leaks in his apartment and that it hired an incompetent contractor to do roof, exterior, and terrace repairs. Tenant claimed also that landlord didn't inspect or supervise the contractor's work. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Landlord had a duty to maintain the building and couldn't claim that it wasn't responsible because its contractor did the work in question.

Jacobson v. 142 E. 16 Cooperative Owners: NYLJ, 6/20/02, p. 19, col. 5 (App. Div.1 Dept.; Nardelli, JP, Mazzarelli, Sullivan, Rosenberger, Marlow, JJ)

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