Legal Question in Real Estate Law in New York

Damage from fallen tree

The top half of my neighbors tree fell onto my property and damaged the electric line into my home. The tree must have been rotten since there was no storm that made it fall down.

The electric company says that it is my property and I must have it repaired. THeir homeowner's insurance says my homeowners policy must pay. It will cost $1500 and I have a $1000 deductible. Can I take them to small claims court to recover the $1000 I have to pay?

I have asked them if they will be responsible for the damage and they have ignored the question so I assume they have no intention of volunteering to pay anything.


Asked on 9/05/05, 4:14 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Damage from fallen tree

I concur with Bob. The tree was on his property and he is responsible for damage, even if it took place on your property. I suggest taking pictures of the tree, the damage it caused and have same for your suit. You should notify your neighbor of the possible suit and suggest he contact his homeowners insurer. Do this by certified mail, return receipt requested. I also suggest you request your homeowners to try to surbrogate their claim against his insurer.

Read more
Answered on 9/06/05, 3:07 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Damage from fallen tree

You can sue in small clains court. Just save any and all bills. You will need a paid bill of two estimates to prove your case.

Good Luck

RRG

Read more
Answered on 9/05/05, 9:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York