Legal Question in Real Estate Law in New York

Dear all,

I live in a condo building in New York City and because of a pipe bursting from the sprinkler system my apartment got completely flooded.

My interpretation of the building by-laws (which is the same my personal home insurance is giving) is that the building is responsible for that system but the building's insurance is threatening to decline claims saying that the article below makes them not liable:

Each Residential Unit includes, and each Residential Unit Owner shall be

responsible for, entrance doors to the Unit, the windows, skylights, if any, the interior

sheetrocked walls and partitions, non-structural flooring, floor coverings and plastered or

sheetrocked ceilings affixed, attached or appurtenant to such Residential Unit, smoke

detectors, carbon monoxide detectors, all plumbing, gas and heating fixtures and

equipment such as refrigerators, dishwashers, heating, heating equipment, ranges and

other appliances, as may be affixed, attached or appurtenant to such Residential Unit and

serving such Residential Unit exclusively. Plumbing, gas and heating fixtures and

equipment as used in the preceding sentence shall include exposed gas and water pipes

from branch or fixture shut-off valves attached to fixtures, appliances and equipment and

the fixtures, appliances and equipment to which they are attached, and any special pipes

or equipment which a Residential Unit Owner may install within a wall or ceiling, or

under the floor, but shall not include gas, water or other pipes, conduits, wiring or

ductwork within the walls, ceilings or floors. Each Residential Unit shall also include (i) -

all lighting and electrical fixtures and appliances within the Residential Unit, and (ii) any

special equipment, fixtures or Facilities (as hereinafter defined) affixed, attached or

appurtenant to the Residential Unit by a Residential Unit Owner other than Declarant, to

the extent located within a Residential Unit from the panel and serving or benefiting only

that Residential Unit including, but not limited to, any delivery entrances servicing a

Residential Unit. Notwithstanding anything contained in this Article 6 to the contrary,

each Residential Unit Owner will have the right, exercisable at any time, to install, at

such Residential Unit Owner's sole cost and expense, decorations, fixtures and coverings

(including, without limitation, painting, finishing, wall to wall carpeting, pictures,

mirrors, shelving and lighting fixtures) on the surfaces of the walls, ceilings and floors

that face the interior of such Residential Unit Owner's Residential Unit and to a depth of

one inch behind such surfaces for the purposes of installing nails, screws, bolts and the

like, provided that no such installation shall impair the structural integrity and

mechanical and electrical systems of such Residential Unit or of the Building.

The article clearly states that pipes and systems within the walls are a responsibility of the building, but because it doesn't explicitly mention damages caused by those same systems.. the insurance says that they're not liable. I am not a lawyer but the most obvious interpretation to me is that if a party is responsible for a system, then it should also be liable for the damages it caused to others.

I would be so grateful if anybody with some experience in real estate law could give his/her opinion on this matter; we're in a delicate situation and before moving officially I would like to gather as much information as possible.

Thank you all in advance,

Tim

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