Tenant's Claim of Gross Negligence Based on Black Soot in Unit Untimely

LVT Number: #31176

Shareholder tenant sued landlord cooperative corporation for breach of his proprietary lease, breach of the warranty of habitability, gross negligence, and breach of fiduciary duty. Tenant claimed that there was black soot coming from the building's boiler room that infiltrated his penthouse apartment. Between 2006 and 2010, tenant had complained repeatedly of water stains and mold in the apartment caused by roof leaks. He also said that, shortly after he moved into the unit in 2006, he saw black, soot-like dust accumulating in the apartment and around the walls.

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