LVT Number: #26711
Tenant sued landlord in small claims court, claiming that a leak in tenant’s apartment caused $500 in personal property damage. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Even if tenant proved that the leak caused loss of his property, he presented no reliable proof of the damages for the loss. There was no evidence of the property’s value at the time of the loss that would consist of proof of the original cost, age, and condition at the time of the loss.
Samuel v. 2345 Ocean Ave Associates, LLC: Index No. 2353/2013, NYLJ No. 12027413222980 (App. T. 2 Dept.; 10/15/15; Pesce, PJ, Weston, Elliot, JJ)