A minor toilet leak in June 2017 has evolved into a nine-year legal saga for a former co-op shareholder in New York City, with the lawsuit seeking $750,000 in damages. Gary Paul alleges that a leak originating from the apartment above his first-floor unit at 108 W. 87th St. on the Upper West Side caused extensive damage to his home and has left him unable to live there since.
Paul claims the water seeped from the bathroom above into his kitchen, flooded the hallway, and reached the basement. He further alleges that the co-op board and management were slow to respond, allowing water to flow for over 18 hours after being notified, leading to thousands of gallons inundating his apartment.
As a result of the alleged damage, which included $13,000 worth of hand-printed Morris & Co. wallpaper and a 19th-century Christopher Dresser claret jug valued at $2,340, Paul stopped paying his $581 monthly maintenance fees. He filed a lawsuit against the co-op, building management, and his upstairs neighbors, citing their failure to provide insurance and remediate mold. The lawsuit, initially for $650,000, was later amended to $750,000. Paul's attorney, Ian Brandt, stated the case's value has since surpassed $1 million due to legal fees, diminished rental value, and damaged personal property. Brandt indicated that the cost of repairs has escalated from an initial estimate of $50,000 to $80,000 to between $700,000 and $800,000.
Counterclaims and Accusations
The co-op board, however, presents a different narrative. Co-op president Michael Laba claims Paul has harbored a grudge since being voted off the board nearly two decades ago. Laba asserts that management responded appropriately but Paul refused access to his apartment for drying, citing dust allergies. Laba further alleges that Paul intentionally allowed mold to grow and destroyed his own stove, tub, and drywall to inflate his damage claims. City records indicate Paul filed numerous complaints with city agencies regarding the unit, resulting in some violations.
Paul maintains his complaints were attempts to ensure the apartment was fixed. The dispute echoes a previous mold issue in 2005, where Paul, then co-op board president, was involved in a similar legal battle over mold remediation. Co-op meeting minutes from 2018 describe Paul as "incessantly combative" and indicate he sent over 290 emails to the managing agent in an "adversarial" manner.
Resolution and Ongoing Dispute
The co-op board countersued Paul for unpaid maintenance and eventually settled by purchasing his apartment for approximately $400,000 in 2025. Despite this resolution, Paul no longer owns the apartment and has been living in rentals since 2017. Janet Amidigi, an owner of unit 2A (the unit above Paul's), stated that her insurance carrier is handling the issue, while the unit's attorney called the saga "rather silly" as it stems from a simple water leak.
The next court date for the ongoing legal proceedings is scheduled for August 19.