Landlord Not Responsible for Flood Damage

March 1, 2011

LVT Number: #23209

Co-op subtenant sued the cooperative corporation for damages after the toilet in his apartment overflowed. The small claims court awarded subtenant $2,150. Landlord appealed and won. Subtenant claimed that the flood was caused by negligent repair work conducted by the landlord three or four years earlier. But subtenant failed to prove any negligence by landlord or that the old repairs caused the flooding. In addition, there was no breach of contract to subtenant since he had no landlord-tenant relationship with the co-op corporation.

Co-op subtenant sued the cooperative corporation for damages after the toilet in his apartment overflowed. The small claims court awarded subtenant $2,150. Landlord appealed and won. Subtenant claimed that the flood was caused by negligent repair work conducted by the landlord three or four years earlier. But subtenant failed to prove any negligence by landlord or that the old repairs caused the flooding. In addition, there was no breach of contract to subtenant since he had no landlord-tenant relationship with the co-op corporation. He rented the apartment from tenant co-op shareholder.

Martin v. Lehavre Owners Corp, Inc.: NYLJ, 2/15/11, p. 37, col. 1 (App. T. 2 Dept.; Pesce, PJ, Weston, Golia, JJ)

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