Commercial Condo Tenant Must Repair Water Tower

Facts: Tenant owned two commercial condominium units in a residential co-op building. For at least half the year, air conditioning was provided throughout the building through a connection to a main water tower on the roof. After that tower was disconnected in November and until it was reconnected in the spring, air conditioning for tenant's units was provided from an auxiliary water tower that serviced only those units. Landlord board of managers notified tenant that the duct work for the units' air conditioning system was improperly connected to the basement ventilation system. This caused water leakage and bad air quality in the building's basement, affecting workers and tenants when they went to the basement. The board of managers claimed that the duct work violated the NYC Building Code and that tenant was responsible for fixing it. Tenant sued landlord, claiming landlord was responsible for repair of the auxiliary water tower. He claimed that the duct work was installed before he bought the units and that, under the condo rules, landlord was responsible for repairs.

Court: Tenant loses. Since the auxiliary tower and ducts connected the tower only to tenant's units, it was tenant's responsibility under the building's bylaws to keep the air conditioning system in proper repair and in compliance with applicable law and regulations. The case was dismissed.

Campaniello v. Board of Managers of the 225 E. 57th St. Condominium: NYLJ, 8/27/08, p. 26, col. 1 (Sup. Ct. NY; Stallman, J)