Legal Question in Real Estate Law in New York

Repairs and damage to other apartment: Responsibility of shareholder and coop

Due to a broken hose underneath a kitchen sink in an apartment, water was slowly trickling down the pipes and damaged the ceiling to the apartment (2 floors below.) The proprietary lease clearly states that the shareholder is responsible for the maintenance and repairs of the pipes in the apartment. The main issue is the damage as a result of the leak. The leak did not cause damage to the apartment with the broken hose. The plumber stated that the owner would have to look for the leak as it is under the sink within the vanity cabinet and the water was leaking slowly. Can the shareholder be held responsible for the damage to the other apartment?


Asked on 3/08/05, 3:19 pm

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Repairs and damage to other apartment: Responsibility of shareholder and coo

You have exposure. You could be sued for negligence (failure to recognize the need for the repair and to make it or have the super make it), nuisance (doing in your property that which impairs another's use of his/her property) and trespass (because the water crossed into the other apartment's territory).

NOTIFY YOUR INSURANCE BROKER IMMEDIATELY. SEND A COPY TO THE NOTICE ADDRESS FOR THE INSURANCE CARRIER (You can find this information in the policy jacket; if you can't find it, go to the broker's office and get the jacket right away; do not rely on the broker to protect your interest in this matter. And for crying out loud, get a plumber in right away to fix the leak.

Read more
Answered on 3/08/05, 3:24 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Repairs and damage to other apartment: Responsibility of shareholder and coo

Yes. And, if the management repairs the damages, via their underwriter and "your pipes" are found to have caused the damage, the cost of repair and damage can and will be passed onto to you.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 3/08/05, 8:34 pm


Related Questions & Answers

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