Co-op Corporation Responsible for Plumbing Repairs

Tenant shareholder of several co-op apartments sued landlord cooperative corporation after leaks developed in apartment bathrooms. Tenant claimed that landlord was responsible for repairing "shower bodies." These were plumbing connections located inside the bathroom walls. Landlord claimed that tenant was responsible because these connections were located in the apartments. The court ruled for tenant. Landlord appealed and lost. Shower bodies are T-shaped metal casings that control the mix of hot and cold water to the shower or bathtub. The shower bodies are located behind the finished wall and are either screwed or soldered onto the water supply lines. They are affixed to the building and its water supply lines and can't be accessed by tenants without opening the walls. The lease between landlord and tenant shows an intent to make landlord responsible for repair of items within the walls, ceilings, and floors of the building. So landlord, not tenant, is responsible for repair of the shower bodies.

Franklin Apartment Associates, Inc. v. Westbrook Tenants Corp.: NYLJ, 9/17/07, p. 34, col. 2 (App. Div.2 Dept.; Crane, JP, Ritter, Dillon, Carni, JJ)