Landlord Didn't Repair Flood Damage

Cooperative shareholder tenant sued landlord for breach of her proprietary lease because landlord failed to repair her apartment after it was flooded in 2003. Landlord claimed that it had the right to use its business judgment in connection with repairs and that it wasn't responsible. But a former president of the co-op board admitted that the building had a duty to make repairs and that no repair plans were prepared for the apartment. Another ex-president of the board couldn't explain why repairs weren't made. Other pretrial statements showed that landlord made a conscious decision not to repair tenant's apartment. The court ruled for tenant, finding landlord liable for breach of contract. Tenant presented sufficient proof to show that landlord's actions were unjustified and caused the apartment to remain uninhabitable for an unreasonable time.

Goldstone v. Gracie Terrace Apt. Corp.: Index No. 604235/07, NYLJ No. 1202514857533 (Sup. Ct. NY; 8/25/11; James, J)