GRSLBG&B’s Eric Schlesinger recently obtained Summary Judgment in the Supreme Court State of New York, New York County on behalf of a Manhattan Condominium Building. Plaintiff alleged that he suffered significant property damage and diminution of market value to his unit when one of the radiators in his unit failed and started leaking. Plaintiff asserted that the work being performed on the building’s hot water system caused the failure of the radiator and the resulting water incursion.
In defense of the claim, experts were retained to inspect the overall building’s hot water system and plaintiff’s radiator, along with the claimed damage to plaintiff’s unit. The plumbing experts confirmed the defense theory that the work being performed on the building’s hot water system was unrelated and not connected to the radiator at issue. The experts further determined that the failure of plaintiff’s radiator solely stemmed from plaintiff’s failure to maintain same pursuant to his obligations under the Condominium’s master deed and by-laws. Finally, the experts established that Plaintiff’s alleged damage to his unit was non-existent.
At deposition, plaintiff admitted that his alleged property damage would come and go depending on the weather. Plaintiff further admitted that he never had his unit appraised and lacked any basis to establish his claim of diminution in market value other than his own subjective belief.
Upon filing the motion for summary judgment, the defense argued that plaintiff failed to present a prima facie case of negligence. Specifically, the defense argued that plaintiff failed to present any proof that the condominium’s actions proximately caused the failure of plaintiff’s radiator, and that plaintiff suffered any provable damages. The Court found that, upon review of the plaintiff’s deposition testimony and affidavits of the experts, the Condominium affirmatively established its rights to summary judgment. Specifically, the Court found that plaintiff failed to present any evidence, other than speculation and conjecture, to rebut the Condominium’s proofs. As such the Court found in favor of the defendant Condominium and summarily dismissed plaintiff’s complaint with prejudice.
Congratulations Eric on a job well done!
