A New York City tenant who alleged that her landlord had long ignored a water leak in her bathroom, resulting in a portion of the bathroom ceiling falling down and injuring her, has reached a $1.45 million settlement of her claim.
Facts & Allegations
On July 31, 2011, Darlene Torres allegedly was struck by a falling fragment of the ceiling above her shower in her apartment in the Far Rockaway section of Queens, New York.
Ms. Torres sued the premises' owner, Oceanview Realty Holdings LLC, and the premises' manager, The Wavecrest Management Team Ltd. She alleged that the defendants had been negligent in their maintenance of the premises and that their negligence had created a dangerous condition that had caused the accident.
Ms. Torres claimed that the accident had been the result of a longstanding leak having weakened the ceiling. She claimed that tenants had verbally reported leaks, but that the condition had not been addressed.
Defense counsel claimed that the defendants had not received documented notice of a leak or any other condition that required a repair of Ms. Torres' apartment.
Defense counsel contended that Ms. Torres' injuries were degenerative conditions that were not related to the accident. He also contended that the injuries had resolved without residual limitations.
Ms. Torres sought recovery of about $55,000 for past medical expenses, an unspecified amount for future medical expenses, and unspecified damages for past and future pain and suffering.
Result
The parties negotiated a pretrial settlement.
The defendants' primary insurer, Technology Insurance Co. Inc., tendered its policy, which provided $1 million of coverage, and the defendants' excess insurer, American International Group Inc., agreed to pay $450,000.
Thus, the settlement totaled $1.45 million.
The case is Torres v. Oceanview Realty Holdings LLC, No. 10673/12 (N.Y. Sup.Ct. Kings Co., March 1, 2017). Attorneys involved include: Stephen J. Murphy; Block, O'Toole & Murphy, LLP; New York, NY, for Darlene Torres; Michael J. Hurwitz; Block, O'Toole & Murphy, LLP; New York, NY, for Darlene Torres; Stewart B. Greenspan; Rubin, Fiorella & Friedman LLP; New York, NY, for Oceanview Realty Holdings LLC, Wavecrest Management Team Ltd.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's and defense counsel.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].