New Trial Needed on Source of Leak into Tenant's Apartment

Tenant sued upstairs neighbor for damage caused to tenant’s apartment by a water leak that occurred in February 2006. Tenant claimed that the neighbor allowed her bathtub to overflow. The neighbor denied that her tub had ever overflowed, and claimed that her apartment, and the building generally, had longstanding problems with old and deteriorated plumbing. The neighbor said that there were many concealed water leaks. The trial court wouldn’t admit evidence of the claimed concealed leaks at trial because a prior court order in another case between the neighbor and landlord showed that any problems in the neighbor’s apartment had been fixed by July 2006. The neighbor appealed, claiming that that the trial court improperly excluded his proof of other leaks.

The appeals court ruled for the neighbor and ordered a new trial. The issues in the prior case between landlord and the neighbor weren’t identical to those raised in this case. At most, the prior court decision held that any plumbing problems in the neighbor’s apartment had been cured by July 2006. But the question in this case was whether the neighbor had any hidden leaks or other plumbing problems in February 2006 that might have caused tenant’s water damage.

Gimelfarb v. Cooperman: NYLJ, 3/9/09, p. 34, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)