Legal Question in Personal Injury in New York
What is the name of your state (only U.S. law)? New York City Civil Law Codes
Liability for fire damages, New York Civil Code
A fire in my neighbor's condo two floors above me caused extensive water damage to my personal property and my apartment.I did not have home owner's insurance at that time. My neighbor's insurance company claims that it is not liable for the damages to my unit on the grounds that the cause of the fire was never determined. I am taking my neighbor to small claims court in nyc and wonder if and how I need to prove his liability aside from proving damages. The fire was not an act of G-d, nor was it cause by electrical fire or a flaw in major appliance[these are ruled out], the fire department stated that the fire was probably caused by an external heat source which caused cardboard left on the Kitchen counter top to catch on fire.However,since the exact sequence of events was not determined, they listed the cause of the fire as indeterminate even though the report suggested stove/cooking. It occurred on a Sat. morning, the family left the apt early, fire occurred 90 min later, on kitchen counter top Please help. Thank you. Am i on the right forum or is there a better one? Thank you!
1 Answer from Attorneys
Small Claims Court is the right forum if your total damages are less than $5,000. If not, the next level is Civil Court where jurisdictional limits are $25,000. As for proof, your first inquiry should be of the NYC Fire Department. Do a Freedom of Information request for records. A simple letter to Fire Department headquarters should work. Various operations reports are always prepared when the Fire Dept. responds. As for causes, get a copy of the Fire Marshall's report. The conclusions in such an official business record are generally admissible evidence at trial. Good luck. Best, M. E. Zuller
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