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Posted by Anna on November 29, 1999 at 23:34:24:

In Reply to: Repairs in a co-op and who must do them posted by suzie on November 29, 1999 at 12:53:23:

: My apartment was recently damaged by a flood of water from the overflow of the
: upstair neighbor's sink. Their insurance company has stated they will only
: pay for repainting and floor refinishing and not plastering or floor
: replacement as the cooperative is supposed to do that under the proprietary
: lease regardless of fault. The coop will not to take any responsibility for
: repairs (as they state they are not at fault) although I have shown them the relevant areas inthe proprietary
: lease. Must I sue the upstairs neighbor in Small Claims to get his copmpany
: to cover these damages or must the co-op cover them. Can I also take them both to
: court though they did not techincally cause the damage - but are perhaps respponsible
: to repairs some areas of it?

In NY, Small Claims is limited to $3000. Get two repair estimates in writing, reread that clause, then send a formal request for repairs to... (read your lease: there's a clause about exactly how to notify whom, probably the Building Manager). If you get no action, sue both the Coop Corp AND the upstairs neighbor, either for $3000 each or $3000 together.
And get something in writing from your insurance company too.

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Comments:
: : My apartment was recently damaged by a flood of water from the overflow of the
: : upstair neighbor's sink.  Their insurance company has stated they will only
: : pay for repainting and floor refinishing and not plastering or floor
: : replacement as the cooperative is supposed to do that under the proprietary
: : lease regardless of fault.  The coop will not to take any responsibility for
: : repairs (as they state they are not at fault) although I have shown them the relevant areas inthe proprietary
: : lease.  Must I sue the upstairs neighbor in Small Claims to get his copmpany
: : to cover these damages or must the co-op cover them.  Can I also take them both to
: : court though they did not techincally cause the damage - but are perhaps respponsible
: : to repairs some areas of it?

: In NY, Small Claims is limited to $3000.  Get two repair estimates in writing, reread that clause, then send a formal request for repairs to... (read your lease: there's a clause about exactly how to notify whom, probably the Building Manager).  If you get no action, sue both the Coop Corp AND the upstairs neighbor, either for $3000 each or $3000 together. 
: And get something in writing from your insurance company too.


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