Legal Question in Real Estate Law in New York

collect on property damage

a woman 3 houses down from me moved 3 weeks ago.her relative was helping her with a moving truck up my common drivway.upon leaving the driveway the truck hit my brick pillar and caused major damage.can i put a lien on her home before she sells if she doesnt pay for damages? if i can please explain the process i must take to get the process started.thank you very much


Asked on 8/29/02, 12:42 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: collect on property damage

No.

Only after you commence a lawsuit and receive a judgment is a lien placed on the house.

However, if you have insurance you can place an insurance claim for the damage to your property. The insurance company can then subrogate your claim and proceed against the individual that damaged your property.

Mike.

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Answered on 8/29/02, 1:21 pm
Walter LeVine Walter D. LeVine, Esq.

Re: collect on property damage

You must start a suit - then you can file what is known as a lis pendens (notice of litigation pending). Best is to have a lawyer assist you.

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Answered on 9/03/02, 10:37 am


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