Legal Question in Business Law in New York

My friend operated a laundromat in Queens, New York. It recently burned down in a fire of unknown cause. My friend leased the laundromat from the landlord, and the lease was signed in his personal name (not the name of his LLC). There are other tenants in the same building (the entire building burned down). They haven't determined if there's negligence or wrong-doing in anyone yet.

Question 1: What's the likelihood that my friend will be personally liable for the fire if they find that his laundromat was at fault for starting the fire?

Question 2: His home is owned jointly by him and his wife. If people try to go after his personal property, can they still go after a joint property?

My friend is actively seeking legal counsel, preferably with someone who has prior experience in this type of case in New York. Please email me your contact information. Thank you in advance for your time.


Asked on 8/24/09, 12:51 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Question 1: What's the likelihood that my friend will be personally liable for the fire if they find that his laundromat was at fault for starting the fire?

If the laundromat was leased and operated from his personal name, he may be held responsible for the fire. However (I have a lot of dealings with laundromats), most leases require insurance. Hopefully, his lease also required insurance which would be responsible for payment.

Question 2: His home is owned jointly by him and his wife. If people try to go after his personal property, can they still go after a joint property?

A. If the property is owned by him and his wife, then the answer is no. However, a judgment would still be deemed a lien on the property.

Mike.

Read more
Answered on 8/29/09, 1:47 pm
Steven Czik CZIK LAW PLLC

Mr. Markowitz is correct with his answers but it would be a very good idea to retain an attorney experienced in these matters.

We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Gordon

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Read more
Answered on 9/01/09, 6:43 pm


Related Questions & Answers

More Business Law questions and answers in New York