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My name is ***** ***** and I own a coop in nyc. There was…

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Hi, My...

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: 2 years ago.Category: Real Estate Law
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Answered in 2 hours by:
1/24/2016
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 2 years ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,462
Experience: Over 30 years of experience
Verified

Hello,

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:

http://dictionary.law.com/default.aspx?selected=1823

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:

http://lawyers.findlaw.com/lawyer/firm/personal-injury-plaintiff/new-york/new-york

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.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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