No Abatement for Quickly Fixed Leak

January 1, 2006

LVT Number: 18599

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord didn't repair water damage to her apartment arising from a broken pipe supplying water to an icemaker in the apartment upstairs. The leak affected only a portion of tenant's living room, was promptly and properly repaired by landlord, and wasn't caused by any defect in the building's plumbing.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord didn't repair water damage to her apartment arising from a broken pipe supplying water to an icemaker in the apartment upstairs. The leak affected only a portion of tenant's living room, was promptly and properly repaired by landlord, and wasn't caused by any defect in the building's plumbing. Landlord's slight delay in gaining access to the apartment was due to tenant's own failure to provide the building's employees with a key, not due to a lack of effort on landlord's part.

465 WEA Owner's Corp. v. Strongwater: NYLJ, 12/21/05, p. 26, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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