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Grinberg v. Eissenberg

Divided Panel Modifies Judgment Dismissing Damages Complaint Against Owner

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DECISION & ORDER

*1  Appeal from a judgment of the Civil Court of the City of New York, Kings County (Eileen N. Nadelson, J.), entered March 6, 2013. The judgment, after a nonjury trial, dismissed the complaint. ORDERED that the judgment is modified by deleting the provision thereof dismissing so much of the complaint as was asserted against defendant 1802 Ocean Parkway Owner’s Inc.; as so modified, the judgment is affirmed, without costs, and the matter is remitted to the Civil Court for the entry of an appropriate amended judgment awarding plaintiff the principal sum of $4,650 plus interest and costs as against that defendant.Plaintiff brought this action against defendants 1802 Ocean Parkway Owners, Inc. (1802), Newport Management Company, LLC (Newport) and Mordechai Eissenberg, an employee of Newport, for breach of contract or warranty and to recover for property damage caused by a water leak from the apartment above his. At a nonjury trial, the proof revealed that plaintiff is a tenant in a cooperative apartment in a building owned by 1802 and managed by Newport. Plaintiff testified that, in 2005, he had discovered a leak in his ceiling that was causing damage to his apartment. It was determined that the leak had originated from the toilet in the apartment above his. In 2008, the building’s management repaired damage caused by that leak, but, plaintiff contended, the damage had not been repaired properly and, thus, he had to spend an additional $4,650 to fix it. Defendants maintained, among other things, that they were not required to repair plaintiff’s apartment, that any repairs that had been made had been done gratuitously and that plaintiff had failed to prove any negligence on their part. Following the trial, the Civil Court dismissed the complaint.

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