Unit Owner Claims Condo Was Negligent After Pipe Burst

The owner of a condominium unit sued an upstairs neighbor and the condominium after a pipe in the neighbor's unit burst and caused a leak in the owner's unit. The heat had been shut off and the heating pipe then burst, causing water damage to the owner's unit as well as other units below. The condo replaced the section of pipes that burst, and the upstairs neighbor repaired damages caused by the flooding. But the unit owner rejected the neighbor's offer to pay. The unit owner claimed that the condo and its managing agent were negligent. The court denied the condo's request to dismiss the case against it. The condo claimed that a low battery was the sole cause of the heat shut off. But the court found that the condo didn't prove this and a trial was needed to determine whether the condo had been negligent.

Ko v. Lee, Index No. 4112/2015, NYLJ, 11/8/18, p. 21, col. 1 (Sup. Ct. Queens; 11/5/18; Buggs, J)