Landlord Not Responsible for Damage Caused by Tenant's Neighbor

LVT Number: #20386

Tenant sued landlord in small claims court, claiming that landlord was responsible for property damage in tenant's apartment. The court ruled for tenant. Landlord appealed and won. The damage to tenant's property was caused by a water leak coming from an upstairs apartment. The water leak happened when a pipe burst after the upstairs tenant fell asleep while water in the kitchen sink was running. Landlord wasn't negligent and wasn't responsible for the damage.

Tenant sued landlord in small claims court, claiming that landlord was responsible for property damage in tenant's apartment. The court ruled for tenant. Landlord appealed and won. The damage to tenant's property was caused by a water leak coming from an upstairs apartment. The water leak happened when a pipe burst after the upstairs tenant fell asleep while water in the kitchen sink was running. Landlord wasn't negligent and wasn't responsible for the damage.

Nwankwo v. Highbridge Community Housing: NYLJ, 4/15/08, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)