BYLAWS SHIFTED LIABILITY TO OWNERS WHEN DAMAGE WAS ASSOCIATED WITH THEIR REPAIRS
Within the context of a New York County small claims case, a condo owner sued her condominium and its managing agent claiming the latter were liable for the water damage which occurred in her apartment.
After the court dismissed her dispute, the unit owner appealed. And on its review of the record, the Appellate Term, First Department, noted that the building’s bylaws provided that owners were responsible for damage within their apartments when associated with repairs made by them.
Since the plaintiff, during the course of a gut renovation, had replaced the pipe (under the kitchen sink) which had ruptured, the AT1 concluded that the court below had correctly applied “substantive law and accomplished substantial justice” by ending the litigation.
Now how damaging was that?
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