E. Candia & Co. v. Rubin

McAvot, J.:

The action is brought by the plaintiff, tenant, against the landlord, because of the alleged negligence of the landlord. The negligence alleged is that the landlord omitted to repair a certain pumping system which pumped water into a tank on the roof, and that, while this disrepair continued, the defendant operated this pump so as to cause the tank to overflow.

The defendant was the lessee of the entire building, 14 West Thirty-first street, and sublet different lofts to different tenants. The water was supplied to this tank by means of a pump in the basement, and that pump was…