Landlord Didn't Repair Water Leaks

February 1, 1999

LVT Number: 13011

Tenant sued landlord for breach of the warranty of habitability and to recover damages based on persistent water leaks from the roof and apartment above tenant's apartment. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part, reducing the award to tenant to $31,600. The lower court had awarded additional money damages to tenant to cover the cost of meals out that tenant claimed were necessary because of water damage to his kitchen. This cost was stricken from the revised award to tenant since tenant didn't have sufficient proof.

Tenant sued landlord for breach of the warranty of habitability and to recover damages based on persistent water leaks from the roof and apartment above tenant's apartment. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part, reducing the award to tenant to $31,600. The lower court had awarded additional money damages to tenant to cover the cost of meals out that tenant claimed were necessary because of water damage to his kitchen. This cost was stricken from the revised award to tenant since tenant didn't have sufficient proof.

Berk v. Britton Realty Co.: NYLJ, p. 29, col. 5 (1/11/99) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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