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Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 3920
Experience:  30 years of experience.
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My name is ***** ***** and I own a coop in nyc. There was

Customer Question

Customer: Hi, My name is ***** ***** and I own a coop in nyc. There was water damage from a toilet above my unit in August. It was a MAJOR flood. The mold smell started immediately. The coop did not mold test until October. By that point the mold was out of control. When they did the remediation they did it step by step, stopping to test after each step. Because of the delay and their process it took 3 months to remediate the mold. They always indicated they were close so I have been living in temp housing that is more expensive. The mold is finally gone, my apartment was gutted. It will probably take over three months to repair. I am about to run out of ALE and would like the coop to pay for my additional living expenses. Is that possible?
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The additional living expenses insurance is part of your policy and has a limit. Nevertheless you can speak with your insurer to see if they can make an additional funds available. If not, then you should look to the neighbor's insurance company for the damages caused by your neighbor's negligence (assuming it was a toilet in an upstairs neighbor's unit).

If it was a common toilet, then the liability would rest with the COOP. In either event, you can make a claim for the additional damages that you have incurred. You may have to bring litigation if the neighbor's (or coop's) insurance company refuses to assist you.

In regard to the negligence issue the legal concept of "res ipsa loquitor" should apply. See here:

Most attorneys who do this work will meet with you to discuss your situation a little cost. You can find an attorney through the following link:

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.