Building Manager's Knowledge of Leaky Pipe Insufficient to Prove Notice

NEW YORK - A building manager's knowledge of a leaky pipe on the roof was insufficient to prove notice of a mold hazard in one of the building's apartment units, a New York appellate court affirmed on Feb. 26. Lark v. Leon B. Dematteis Associates, et al., 2008 NY Slip Op 01633 [No. 102031/05] (N.Y. Sup. Ct., App. Div., 1st Dept.).

The New York Supreme Court Appellate Division, 1st Department said that, without any other evidence of notice, a trial court properly dismissed the complaint by Margaret B. Lark against Leon B. Dematteis Associates.

Lark complained that the leaky pipe …