Legal Question in Landlord & Tenant Law in New York

left in apt during a fire

I have a single, female neighbor in Brooklyn who rents her apt from a previous couple who owned the coop and argued loudly in the night about their drinking problems. I own my coop apt and am the sole, single female tenant. She bangs on my wall when she percieves me as being noisy including a recent occaision when she banged so loudly that another neighbor could hear. The loud banging was in response to my radio alarm clock that goes off on Sunday mornings at 7:00am. She doesn't work. I work full time.

On Jan 2nd there was a fire in my 15 floor building. The firemen banged loudly, like she does, in the middle of the night to get me out of the house. Thinking it was her complaining about some percieved noise on her part, I pulled the covers and pillows over my head to drown out the banging and went back to sleep. I was not harmed. Thankfully the fire was contained to a few other apts. I first learned of the fire last Sun jan 16th. A neighbor couldn't believe that I didn't know about a fire. It was then that I slowly put together that the banging was firemen and not my neighbor complaining. Do I have any legal recourse even though I wasn't harmed?


Asked on 1/23/05, 12:54 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: left in apt during a fire

This is a difficult situation. While you have no recourse for the fire incident, your neighbor does not have the right to disturb you with banging.

First, make complaints in writing to the coop board. Document at least three events for the coop board.

Second, contact the owner of the apartment and ask what you can do to help them find another tenant.

Third, after performing these steps you are in a position to successfully bring a legal action.

You could sue for damages caused by the banging or you could sue to require the offending woman to leave the building.

You are welcome to a consultation for no fee.

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Answered on 1/23/05, 8:39 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: left in apt during a fire

Thankfully, no.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 1/24/05, 9:56 am


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