Legal Question in Landlord & Tenant Law in New York
upstairs neighbor's tub overflows and destroys our bathroom
for the third time in 5 years our designer bathroom is in
shambles because our upstairs neighbor let her
bathtub overflow. Our insurance company reports the
neighbors have no insurance and refuse to pay any
money, and it is not economically feaible for the
company t go agter the neighbors. SO 3 times we have
had to pay the deductible and for the restorations not
covered by our insurance. I fear we will be dropped by
our company. I am outraged and frustrated.
Can/should we take the neighbors to small claims
court in addition to filling an insurance claim, or instead
of filling?
We must have some recourse against them and their
dissolute arrogance.
2 Answers from Attorneys
Re: upstairs neighbor's tub overflows and destroys our bathroom
You must sue the neighbor not for money, but for a court order to have them fix the tub; 'injunctive relief'.\
This is done in 'supreme court' and not small claims or civil court.
My fee for drafting all of the required documents would be $250.00.
You are welcome to a consultation for no fee.
Re: upstairs neighbor's tub overflows and destroys our bathroom
You should let the landlord know of the situation if they have allowed your neighbor to continually destroy your property and have not taken any steps to resolve the issue or to stop your neighbor your landlord may have some liability as well.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
