Legal Question in Insurance Law in New York

There was a flood in my apartment due to a blockage on a higher floor that was not my fault I was on vacation at the time . The water all backed up in my bathtub and all over my apartment.. It was a co op building

I lost everything e.g. furniture, rugs and personal items . I didn't have homeowners insurance and have been told by the management that I don't have a claim on them.

and I have to suffer the loss. because of not having private homeowners insurance please advice


Asked on 3/10/14, 1:23 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

You will have to prove negligence of the responsible party.

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Answered on 3/10/14, 1:30 pm
Kevin Connolly Kevin J. Connolly

If you can show who caused the blockage, you have a decent negligence case. What makes you think it's not a defect in the building's plumbing? This is not an insurance question: it's a landlord-tenant question. You may have a good lawsuit, the only real question being liability. Depending on what building management and the super knew, you may have a claim against the cooperative corporation, too.

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Answered on 3/10/14, 2:08 pm
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You failed to mention if the leak was from the apartment above you; the common areas of the building or something else. The board or rather, the management company, have to provide you with an explanation of the genesis of the event. Once you obtain it in writing, you may contact me.

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Answered on 3/11/14, 7:17 am


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