Co-op Board Delayed Repairing Chimney

Cooperative shareholder tenant sued the co-op corporation, its managing agent, the co-op board, and individual directors for failing to properly maintain the building in good repair. She claimed that they actually tried to conceal dangerous problems with the building's chimney B-line fireplaces and flues. Tenant also claimed that the board and property manager encouraged tenants to use their fireplaces despite the chimney problem. She said that smoke, fumes, and soot had regularly seeped into her apartment for years. The board of directors asked the court to dismiss the case against them, claiming that they weren't responsible. The court ruled against them. Tenant showed that the board may have breached its fiduciary duty, based on claims that it delayed repairs on a dangerous condition in the chimney.

Hubshman v. 1010 Tenants Corp.: Index No. 114697/2010, NYLJ No. 1202531931815 (Sup. Ct. NY; 10/24/11; Gische, J)