Justice James Pagones
Defendants moved for summary judgment dismissing condominium unit owner Pedalino’s complaint. Pedalino sought to recover damages for claims of negligence, gross negligence, and breach of quiet enjoyment. She argued a pipe below her unit in the common crawl space, only accessible through a locked door to which defendants held a key, was leaking and burst, causing water and mold damage to her unit. Defendants cleaned and treated the area where the pipe was located. The court found, however, defendants failed to meet their prima facie burden of establishing entitlement to summary judgment on the negligence claim, stating while repairs were made, there was no evidence when the leak was first discovered or how often the area was inspected. It stated defendants submitted sufficient evidence showing they did not engage in conduct evincing a reckless disregard for the rights of others or "smacks" of intentional wrongdoing, dismissing the gross negligence cause of action. The court noted a claim for breach of the covenant of quiet enjoyment required a tenant to show actual or constructive eviction, stating condo owners were not tenants, thus, Pedalino had no cognizable claim against defendants for such breach.
