Super Improperly Installed A/C in Tenant's Apartment

Landlord sued tenant for damages of $6,000 and one month's unpaid rent after an air conditioner fell from tenant's fifth-floor apartment window and through a lower-floor skylight. The court ruled for landlord in part, after trial. Tenant purchased two air conditioners and planned to have them installed by an outside contractor. But the building super told tenant he was the only one authorized to install the air conditioners. The super performed the installation, attaching three screws to a bar attached to the top of the unit. Later one night, when tenant attempted to remove one of the units from the window, it slipped out of her hands and fell onto the skylight of a commercial unit in the building. The court found that tenant was 25 percent responsible and therefore owed landlord $1,500. The unit had been improperly installed by the super, who was 75 percent responsible. The super failed to secure the unit by braces or brackets or attaching it in any manner to the building or the window.  Landlord claimed that it hadn't authorized the super to do the installation, but no one advised tenant of this. 

COD, LLC v. Herron: Index No. 019087/12, NYLJ No. 1202624453790 (Civ. Ct. Bronx; 10/17/13; Franco, J)