Legal Question in Civil Litigation in New York

I live in Queens County in NYC and I live in a semi-attached single family dwelling. The single family home attached to me has been vacant for the past 3 years since I have moved in. The house is in major disrepair including severe cracks in their foundation and the exterior brick wall bowing outwards and in danger of falling. I have reported this to the deparment of buildings and they have issued violations. The department of santiation also issued violations for the overgrown landscaping. My question however is regarding an issue regarding my main sewer line, I am having an expert plumber come down and examine if the sewage leak I am having in my basement is being caused by a leak in my sewer pipe or if it is coming from a back up in her home and than it is overflowing from the shared trap into my basement. I have no way of knowing how to contact her as she does not live next door. What is my recourse to be able to hold her accountable for her neglect to her property and the subsequent damange it is causing to my property? What do I do and how do I get her to be held accountable?

Thank You


Asked on 10/02/11, 2:21 pm

2 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You need to bring an action against the joint property owner, its heirs or assigns or mortgage company (in case of foreclosure) for interference with your quiet enjoyment of your property and an order to show cause gaining access to the adjacent property. You may initiate the above by simply contacting the responsible party, initially by phone or letter. Your waiting and procastinating the inevitable, i.e., having a viable and responsible neighbor for proper maintenance of the property, may cost you far more in the long run.

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Answered on 10/02/11, 5:17 pm
Michael Markowitz Michael A. Markowitz, PC

Before you run to court, you first must give notice. I would first send a certified letter to the last known owner of the property giving notice of the problem. You can find the last known owner of the property by going to NYC ACRIS website. The demand letter must give reasonable time to have the joint tenant contact you.

Assuming that the joint tenant does not contact you, you should then fix the problem. Retain all paid receipts and document the repairs (with photographs if possible).

After the problem is fixed, you should then send another certified letter to the last known owner demanding payment. If the joint tenant again does not contact you, you could commence an action in court.

Mike.

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Answered on 10/03/11, 5:20 am


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