What causes of action to bring for water damage to co-op unit?

[co-op1]

What is the name of your state? NYC

Hi. A pipe in an upstairs neighbor's apartment burst, causing water damage to my unit's ceiling (I am an owner). What causes of action to bring for water damage to co-op unit? Against co-op association and/or upstairs unit owner? Any other advice on what I need to prove my case, including damages? Thanks!

 

[seniorjudge]

Q: What causes of action to bring for water damage to co-op unit?

A: Trespass.


Q: Against co-op association and/or upstairs unit owner?

A: Sue both of them; but make sure you get the one who caused the damages.


Q: Any other advice on what I need to prove my case, including damages?

A: Yes; hire a lawyer.

 

[co-op1]

Thank you. The damages are significant (for me), but not so huge that I could find an attorney to do it for me. Their insurance company is playing hard-ball and only offering a portion of what the damages really are in terms of getting my unit back to the condition it was in.

 

[seniorjudge]

Thank you. The damages are significant (for me), but not so huge that I could find an attorney to do it for me. Their insurance company is playing hard-ball and only offering a portion of what the damages really are in terms of getting my unit back to the condition it was in.

Then sue them all in small claims court without a lawyer and hope for the best.

 

[JETX]

Hi. A pipe in an upstairs neighbor's apartment burst, causing water damage to my unit's ceiling (I am an owner). What causes of action to bring for water damage to co-op unit?[/qutoe]
Simple property damage claim. You don't need to specify cause of action for a small claim action.
HOWEVER, what was the ACTUAL cause of the pipe burst?? If it was negligence, then sue the negligent party.
If no negligence, no suit.

Against co-op association and/or upstairs unit owner?

Depends on who is responsible and the ACTUAL cause... and if claim involves negligence.

Any other advice on what I need to prove my case, including damages?

Yep. Where is YOUR insurance??