Co-op Must Pay to Replace Wallpaper

April 8, 2012

LVT Number: #24001

Proprietary lessee of a co-op apartment sued landlord cooperative corporation in small claims court, seeking $870 for damage to his apartment's wallpaper. The co-op damaged lessee's wallpaper when it repaired damage from a ceiling leak into the apartment. The trial court ruled against lessee, finding that under the terms of the proprietary lease, the co-op wasn't responsible for damage inside the apartment. Lessee appealed and won. Although one judge disagreed, the appeals court found that the lower court denied substantial justice to the lessee, who was entitled to $870 from the co-op.

Proprietary lessee of a co-op apartment sued landlord cooperative corporation in small claims court, seeking $870 for damage to his apartment's wallpaper. The co-op damaged lessee's wallpaper when it repaired damage from a ceiling leak into the apartment. The trial court ruled against lessee, finding that under the terms of the proprietary lease, the co-op wasn't responsible for damage inside the apartment. Lessee appealed and won. Although one judge disagreed, the appeals court found that the lower court denied substantial justice to the lessee, who was entitled to $870 from the co-op.

Mandler v. 71-11 Yellowstone Blvd. Corp.: NYLJ, 3/1/12, p. 29, col. 6 (App. T.2 Dept.; Weston, JP, Rios, Golia [dissenting], JJ)

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