Co-op Tenant Must Permit Landlord to Repair Leak from His Apartment

Landlord co-operative corporation sued shareholder tenant to obtain access to make repairs. Landlord claimed that there was a leak in a pipe under the floor of and behind the wall of tenant's bedroom. The ceiling of the apartment directly beneath tenant's unit had been damaged by a water leak emanating from tenant's apartment. Tenant argued that landlord hadn't made a good faith effort to identify the source of the leak before seeking permission to enter his apartment to make repairs. The court ruled against tenant. There was no dispute that there was a leak into the apartment below tenant's. And landlord, as a co-op, could apply the business judgment rule to rely on a plumber's advice to make the repairs as suggested. Landlord was entitled to proceed.

390 Riverside Owners Corp. v. Stout: Index No. 654980/2021, 2024 NY Slip Op 30860(U), NYLJ No. 171358175 (Sup. Ct. NY; 2/29/24; Saunders, J)