Tenant Can Get Damages for Pain and Suffering After Ceiling Collapse

Long-term tenant sued landlord in small claims court for $5,000, based on personal injuries he sustained in his apartment when a portion of the bathroom ceiling suddenly collapsed and fell on his head and neck. Tenant testified at trial that, two days before the incident, he'd notified the building super of a leak in the bathroom ceiling. He also testified that, before the incident, the super shut off the water in the upstairs apartment, but didn't fully repair the leak at that time. Tenant also said that, after the ceiling collapse, landlord threatened to delay repairs if tenant pursued legal action. Tenant also admitted that he had no out-of-pocket expenses since his health insurance covered emergency room treatment and physical therapy. Landlord claimed that it didn't have records or recall whether tenant reported the leak and didn't know when repair occurred. Tenant proved notice to landlord and lack of repair, and presented medical records documenting the injury and causation. Contrary to landlord's argument, there was no law barring tenant from recovering for pain and suffering in a small claims action although damages must be medically corroborated. Tenant showed that he experienced neck pain and loss of movement in the neck during three months of physical therapy. The court awarded tenant $2,500 in damages for past pain and suffering.

Figueroa v. 1981 Realty Corp.: Index No. 1248/2019, 2020 NY Slip Op 51592(U)(Civ. Ct. Bronx; 12/24/20; Perez, J)