Managing Agent Responsible for Water Leak Damage

Tenant sued landlord’s management company for negligence in small claims court, seeking reimbursement of damaged household items after water leaked into his apartment. The management company claimed that it wasn’t responsible. The court ruled for tenant after a trial. The management company appealed and lost. Tenant showed that the management company took responsibility for fixing the recurring water leaks and failed to do the repair work properly. This caused the damage to the property. Tenant also proved the purchase price of the damaged items.

Bartow v. DBW Property Assoc., Inc.: NYLJ, 7/8/09, pg. 35, col. 3 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)