Legal Question in Construction Law in New York

6 Months of construction noise, apartment filled with smoke from construction

I have been a tenant in a NYC townhouse for close to 3 years, my rent is 4K/month. Over the past 6 months the townhouse next door has been in a state of re-construction which has led to several lost days at work caused by the need for removal of rodents entering my apartment, repair of cracks caused by banging of walls and most recently a six alarm smoke filled apartment caused by the testing of a fireplace; which could have potentially killed me and my 2 dogs due to smoke inhalation.

Do I have any recourse on my landlord, the construction contractor or owner of the next door townhouse for lost time at work, 6 months of constant banging, anxiety caused by smoked filled apartment, etc?


Asked on 2/27/06, 10:35 pm

1 Answer from Attorneys

Meyer Silber The Silber Law Firm, LLC

Re: 6 Months of construction noise, apartment filled with smoke from construction

Is this still going on? If it is, going to court to immediately suspend work should get their attention. As far as recovering for what they have done, it is a fact-based analysis and sometimes tough to make out. In your case, it seems that the neighbor may have crossed the line, but the details are important.

Please let me know if you need any further help.

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Answered on 2/28/06, 10:12 am


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