Hearing Required on Whether Landlord Corrected Roof Leak

February 1, 2001

LVT Number: 14710

HPD sued landlord co-op building to get access to make emergency roof leak repairs affecting a penthouse apartment. The court ruled against HPD based on prior rulings in a case between landlord and co-op tenant. HPD appealed. The appeals court ruled for HPD and sent the case back for a hearing on whether the hazardous leak had been repaired. HPD wasn't involved in the other case between landlord and tenant and couldn't be barred from pursuing its own case on that basis.

HPD sued landlord co-op building to get access to make emergency roof leak repairs affecting a penthouse apartment. The court ruled against HPD based on prior rulings in a case between landlord and co-op tenant. HPD appealed. The appeals court ruled for HPD and sent the case back for a hearing on whether the hazardous leak had been repaired. HPD wasn't involved in the other case between landlord and tenant and couldn't be barred from pursuing its own case on that basis.

HPD v. Etingin: NYLJ, 1/16/01, p. 25, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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