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How a leaking toilet led to a destroyed apartment in UWS

How a leaking toilet led to a destroyed apartment in UWS

It all began on a humid Sunday in June 2017, leading to quite a frustrating situation.

Gary Paul recalls being in his Studio Co-op apartment on the Upper West Side, sitting on the toilet and reading the newspaper. He says he noticed a brown stain on the bathroom mirror. When he looked up, he saw the crown molding was cracked and could hear water rushing through the walls and pipes.

The leak, allegedly from the toilet in the unit above, quickly spread, flooding his kitchen and inching into the hallway, eventually making its way to the basement.

The aftermath sparked a complicated legal struggle at 108 West 87th Street, where accusations have been tossed around like a hot potato. Here we are, nine years later, and it’s still ongoing.

“It was a Sunday, and they kept the water running for over 18 hours after being notified. They thought they could handle it the next day, but they really dropped the ball,” Paul told the Post. “Thousands of gallons poured into my home from the time it was found until noon the next day when the caretaker finally showed up with a plumber.”

Feeling frustrated, Paul—a design consultant with a degree from Harvard—stopped paying his maintenance fees, which were $581 at the time, and filed a $650,000 lawsuit against the co-op, the building management, and his upstairs neighbor. That amount was later revised to $750,000. “We’re dealing with mold now,” he mentioned.

Since then, Paul has moved around, no longer holding ownership of his apartment.

His lawsuit is now valued at over $1 million, considering the legal fees and loss of rental value. Paul’s lawyer, Ian Brandt, explained that numerous personal belongings were also affected.

Among the items destroyed was hand-painted wallpaper that Paul estimates would cost around $13,000 to replace, along with a 19th-century claret jug valued at $2,340. There were other damages too, including issues surrounding the electrical panel and the bathroom moldings.

Brandt noted that the damages have skyrocketed from an initial estimate of $50,000 to $80,000 for repairs, up to $700,000 or $800,000 now.

However, the co-op’s narrative wildly differs.

“He has been a nightmare for us,” said co-op president Michael Raba, mentioning a longstanding resentment toward Paul since he was voted off the board nearly two decades ago.

Raba insists management acted appropriately, claiming that Paul wouldn’t allow anyone into his apartment for repairs because of a severe dust allergy. He even accused Paul of fostering mold growth by tearing out parts of his home, just to prove the apartment was in ruins.

The building has since undergone renovations, but Paul believes it’s unfair for Raba to share complaints with the media, especially since he has filed various complaints about missing smoke detectors and other issues.

“I just wanted them to fix the apartment,” Paul stated, portraying himself as a “rule-follower.” “Whether they didn’t do it or I didn’t do it was irrelevant; they just wouldn’t let me move forward with repairs.”

Strangely enough, during Paul’s time as co-op president, he encountered his own mold problem and had previously sued the building in 2006 for failing to address it properly. The legal drama back then had striking similarities to his current situation.

Documents show that the co-op found Paul to be “constantly belligerent” in the years leading up to his departure from the board. He reportedly sent over 290 “consistently hostile” messages to the managing agent, Michelle Greenspan. Previous meeting notes even referred to him as a “perennially disgruntled shareholder.” Greenspan, who isn’t a defendant in the lawsuit, opted not to comment.

After being voted off the board, Paul became increasingly embittered, according to Raba.

“This happened 18 years ago; he was simply looking for a reason to sue us,” Raba emphasized. He has been the board chairman for the last 18 years.

On the other hand, Brandt defended Paul, stating, “This is someone who’s angry about losing his home and hasn’t lived there since 2017.”

Paul originally bought the small, 400-square-foot apartment for $100,000 in the late 1980s, which would equate to around $300,000 in today’s market. He lived there for nearly 20 years.

The co-op eventually countersued Paul for unpaid maintenance and settled by purchasing his apartment in 2025 for about $400,000.

Janet Amidigi, who owns the unit above, mentioned her insurance was handling the matter when asked for comment.

William N. Candirollos, representing the insurance for Unit 2A, described the incident as “absolutely ridiculous,” claiming it stemmed from a “simple water leak.”

There’s been no response from the management company’s lawyer regarding comments on the case.

The next court date is set for August 19th.

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