Wanas v. Michl

A-1558-98T1 (N.J. Super. App. Div. 1999) (Unpublished)
  • Opinion Date: October 25, 1999

CONDOMINIUMS; NEGLIGENCE; LIABILITY—Damage to a lower floor apartment by reason of refusal to allow a condominium association entry to repair a leaky window in the upper floor unit makes the upper floor unit owner liable for the ensuing damage.

One condominium unit owner’s apartment was on a floor directly above another’s. The upstairs owner refused to allow representatives of the condominium association into the unit to repair a leaky window. As a result, rain water came into that unit and ran down into the lower unit, causing damage. The trial court held that this set of facts was sufficient to make the upstairs owner liable to its downstairs neighbor. The Appellate Division, upon review of the record, found that there was sufficient credible evidence to support the lower court’s ruling.