Landlord Co-op Not Responsible for Shareholder's Injuries

September 30, 2010

LVT Number: #22921

Co-op apartment shareholder-tenant sued landlord co-op corporation for damages, when she and her husband were injured by a shattering shower door. The court dismissed the case, finding that the co-op wasn't responsible. Tenant appealed and lost. Tenant's proprietary lease placed sole responsibility for maintenance and repair inside the apartment on tenant. The co-op had no duty of care regarding the shower door absent some showing of a significant structural or design defect. There was no proof of any such defect in this case.

Co-op apartment shareholder-tenant sued landlord co-op corporation for damages, when she and her husband were injured by a shattering shower door. The court dismissed the case, finding that the co-op wasn't responsible. Tenant appealed and lost. Tenant's proprietary lease placed sole responsibility for maintenance and repair inside the apartment on tenant. The co-op had no duty of care regarding the shower door absent some showing of a significant structural or design defect. There was no proof of any such defect in this case.

Nussbaum v. 150 West End Avenue Owners Corp.: NYLJ, 9/30/10, p. 26, col. 3 (App. Div. 1 Dept.; Gonzalez, PJ, Andrias, Acosta, Renwick, Abdus-Salaam, JJ)

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