Tenant Can't Recover for Property Damage

January 1, 1998

LVT Number: 12056

Tenant sued landlord in small claims court for negligence and breach of the warranty of habitability. Tenant sought $850 for damage to personal property caused by a leak in the building. The court ruled for tenant, and landlord appealed and won. Tenant didn't prove negligence because the building superintendent shut off the water immediately once he located the source of the leak. And Real Property Law Section 235-b, covering breach of the warranty of habitability, doesn't permit recovery for damage to personal property.

Tenant sued landlord in small claims court for negligence and breach of the warranty of habitability. Tenant sought $850 for damage to personal property caused by a leak in the building. The court ruled for tenant, and landlord appealed and won. Tenant didn't prove negligence because the building superintendent shut off the water immediately once he located the source of the leak. And Real Property Law Section 235-b, covering breach of the warranty of habitability, doesn't permit recovery for damage to personal property.

Cole v. Berkovitc: NYLJ, p. 33, col. 3 (12/23/97) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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