Judge Scott Fairgrieve
Owner sued in this holdover proceeding seeking to recover possession of the subject premises from shareholder Gagliardo. It alleged she failed to maintain and make repairs to her apartment or provide requisite notice to the cooperative. Gagliardo argued that upon returning home, it was full of steam which caused substantial damage, including mold. A plumber replaced the shower stem and seat and a contractor remedied the mold condition. Gagliardo informed the property manager, and upon inspection was notified she was responsible for the damage. Gagliardo argued owner had the duty to repair and maintain the seat under the lease. The court disagreed finding the seat and stem were plumbing fixtures that were not within the walls of the apartment, rendering Gagliardo, not the owner, responsible for repairs. It rejected Gagliardo’s contention that as the seat was attached to the stem at a point located beyond the wall, the seat should be considered "within the wall." The court also noted Gagliardo failed to provide owner with proper or timely notice, and that she violated the terms of her proprietary lease by not repairing the extensive damage to the premises. Hence, owner was granted a judgment of eviction and possession.
