Legal Question in Personal Injury in New York

Re: Damage to a coop apartment

If you can prove their carelessness you can recover. You or your attorney can file a claim. If you have a home owners policy, you can file with your own carrier.

Re: Damage to a coop apartment

It depends on the nature of the damage to your bathroom and how it was caused. Your neighbor may be responsible, the co-op may be responsible or they may both be responsible to some degree.

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Re: Damage to a coop apartment

If you have homeowners insurance, you can file a claim with them for reimbursement to repair your apartment, and then they would pursue any claims against all responsible parties. If not, you should contact your neighbor by certified letter, as well as the Co-op, advising them of your claim and demand for reimbursement. If no response, you could file suit. I would caution you not to just take the Co-op's word for it that the damage is solely due to the upstairs neighbor. There could be a problem with the common areas that contributed to the damage, so either or both could be at fault. I would be happy to discuss this further with you and answer any additional questions you may have regarding further action.

Both the Coop Board and the upstairs owner can be liable

You should claim on both your own insurance and send a claim letters to the board and the upstairs owner.

If it was the upstairs fault then the board is also responsible. If it was internal piping in the ceilings/floors not cared for by the tenants then just the board is responsible.

Re: Damage to a coop apartment

How do I know if the information is correct. If he is avoiding you, sue him.