Abatements Awarded for Toilet and Sink Backup

Facts: Landlord sued to evict cooperative tenant for nonpayment of maintenance charges. Tenant claimed breach of the warranty of habitability due to repeated toilet and sink backup over a 10-year period. Tenant presented credible proof of a number of incidents over the years where the toilet and kitchen sink backed up and overflowed without notice, spewing water, suds, and sewage. Finally, after a severe overflow in 1995, landlord broke open pipes between tenant's apartment and an adjoining one and found a ``wig or mop head'' stuck there. The problem was solved after removal of the object from the pipe. Court: The court ruled for tenant. Even though tenant didn't document every single incident, other tenants, the building superintendent, and members of the cooperative board confirmed tenant's complaints and had witnessed the condition. The court awarded tenant an abatement of $50 per month for over five years and $150 for the month of the final incident.

750 Kappock Apts. Corp. v. Daly: NYLJ, p. 29, col. 1 (4/9/97) (Civ. Ct. Bronx; Heymann, J)