Tenant Awarded $4,650 for Water Leak Damage

LVT Number: #26287

Co-op building tenant sued landlord for property damage caused by a water leak from the upstairs apartment discovered in 2005 but not repaired until 2008. Tenant claimed that the repairs were improper and that he paid to fix the damages himself. Landlord claimed that it wasn't required to repair tenant's apartment and that he failed to prove negligence on landlord's part. The court ruled against tenant, who appealed and won. The appeals court found that landlord breached the warranty of habitability and that tenant was entitled to damages amounting to $4,650.

Co-op building tenant sued landlord for property damage caused by a water leak from the upstairs apartment discovered in 2005 but not repaired until 2008. Tenant claimed that the repairs were improper and that he paid to fix the damages himself. Landlord claimed that it wasn't required to repair tenant's apartment and that he failed to prove negligence on landlord's part. The court ruled against tenant, who appealed and won. The appeals court found that landlord breached the warranty of habitability and that tenant was entitled to damages amounting to $4,650. The dissenting judge noted that tenant never claimed breach of warranty of habitability, and there wasn't proof supporting the claim filed five years after the damage occurred and two years after the repairs.

Grinberg v. Eissenberg: 2017 NY Slip Op 27430, NYLJ No. 1517720640 (App. T. 2 Dept.; 12/29/17; Weston, PJ [dissenting], Pesce, Solomon, JJ)