Landlord Not Liable for Flood Caused by Vandals

LVT Number: 10548

Tenant sued landlord in small claims court for flood damage. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Tenant told the police that the flood was caused by vandals. Tenant's wife also stated that there was no sign of any water overflow shortly thereafter in landlord's apartment, which was directly above tenant's apartment.

Tenant sued landlord in small claims court for flood damage. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Tenant told the police that the flood was caused by vandals. Tenant's wife also stated that there was no sign of any water overflow shortly thereafter in landlord's apartment, which was directly above tenant's apartment.

Stropoli v. Goldin: NYLJ, p. 29, col. 3 (4/11/96) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)