Tenant Sues Landlord for Tub Leak Damage

LVT Number: #24126

Tenant sued landlord and upstairs tenant, claiming that property damage resulted from water leaking from upstairs tenant's bathtub. Tenant claimed that upstairs tenant allowed the water to accumulate and leak into her apartment. Upstairs tenant asked the court to dismiss the case, arguing that there was insufficient proof of tenant's claim. The court refused. Tenant had testified that he didn't see any water on the floor in upstairs tenant's apartment when he and the super went to check what caused the flood in his apartment.

Tenant sued landlord and upstairs tenant, claiming that property damage resulted from water leaking from upstairs tenant's bathtub. Tenant claimed that upstairs tenant allowed the water to accumulate and leak into her apartment. Upstairs tenant asked the court to dismiss the case, arguing that there was insufficient proof of tenant's claim. The court refused. Tenant had testified that he didn't see any water on the floor in upstairs tenant's apartment when he and the super went to check what caused the flood in his apartment. Management also stated that it wasn't able to identify the source of the leak. But upstairs tenant admitted she knew she had a leaky faucet in her tub that caused water to drip and accumulate in the tub. This was enough for tenant to show that upstairs tenant may have been negligent and to present a question as to whether upstairs tenant was responsible. The case could continue.

Samson v. 91st St. Tenants Corp.: Index No. 112284/06, NYLJ No. 1202550519715 (Sup. Ct. NY; 4/10/12; Singh, J)