Suing LLC, owner of building next door

[67impala]

What is the name of your state (only U.S. law)? New York

My mother owned a single family row home in Flushing, NY. The homes are attached (row homes). She was hospitalized in 2008. The owner of the home next door formed an LLC and put the property next door under the LLC. They proceeded to convert it to a 3-family and built it up. In doing so, they covered my mother's chimney partially and used stove piping cemented to the flue and hanging over my mothers roof. They never got anything in writing from my mother to do this. She has since passed away and I am in the process of probate and will be repairing the house and selling it. I will not be able to get a certificate of occupancy with the chimney like that. Costs to repair it will be around $10,000. That will include repairs and running stove piping up the side of the 3-family building and above the roof line.

How do I go about suing the owners of the 3-family, and in what court?What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? New York

My mother owned a single family row home in Flushing, NY. The homes are attached (row homes). She was hospitalized in 2008. The owner of the home next door formed an LLC and put the property next door under the LLC. They proceeded to convert it to a 3-family and built it up. In doing so, they covered my mother's chimney partially and used stove piping cemented to the flue and hanging over my mothers roof. They never got anything in writing from my mother to do this. She has since passed away and I am in the process of probate and will be repairing the house and selling it. I will not be able to get a certificate of occupancy with the chimney like that. Costs to repair it will be around $10,000. That will include repairs and running stove piping up the side of the 3-family building and above the roof line.

How do I go about suing the owners of the 3-family, and in what court?What is the name of your state (only U.S. law)?

**A: first hire an attorney.The suing part will come in due time.

 

[67impala]

Well, that was kind of obvious. I guess you get what you pay for on this forum. None of my question was answered.

 

[You Are Guilty]

How do I go about suing the owners of the 3-family, and in what court?

You file a summons and complaint, and, it depends. You can file in Small Claims, Civil, or Supreme (Queens County).
http://www.courts.state.ny.us/courts/11jd/index.shtml

 

[NC Aggie]

Well, that was kind of obvious. I guess you get what you pay for on this forum. None of my question was answered.

I think the poster's point was that your situation sounds like a matter that you should consult with an attorney before preceding because of the nature of the issue. This wouldn't be a matter to take to small claims because it sounds like the damages you would be seeking to recover exceeds $5,000 (limit in NY for small claims).

 

[67impala]

I think the poster's point was that your situation sounds like a matter that you should consult with an attorney before preceding because of the nature of the issue. This wouldn't be a matter to take to small claims because it sounds like the damages you would be seeking to recover exceeds $5,000 (limit in NY for small claims).

True. I knew it was beyond small claims court. I'm just wondering if the owners can hide behind their LLC and if I can get some recourse. I've had attorneys claim "sure, we can go after them." and they wind up charging me through the nose sending out letters and filings and the end result is nothing. They were just drumming up business and knew all a long that is all that would happen. I want to get an idea if this is going to be a similar thing, where in this case, they can hide behind the LLC and I can't get anywhere. I'll wind up paying an attorney a few thousand for nothing. I'd like to avoid that. That has caused me to have a total lack of trust of attorneys.

 

[You Are Guilty]

It's highly fact specific and no way for anyone on a web site to guess your chances. Try reading this case for a further explanation:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05998.htm

 

[HomeGuru]

True. I knew it was beyond small claims court. I'm just wondering if the owners can hide behind their LLC and if I can get some recourse. I've had attorneys claim "sure, we can go after them." and they wind up charging me through the nose sending out letters and filings and the end result is nothing. They were just drumming up business and knew all a long that is all that would happen. I want to get an idea if this is going to be a similar thing, where in this case, they can hide behind the LLC and I can't get anywhere. I'll wind up paying an attorney a few thousand for nothing. I'd like to avoid that. That has caused me to have a total lack of trust of attorneys.

**A: you are getting all caught up with the LLC thing. You sue the property owner period. If they are an LLC, that is not going to protect them from your property damage and other claims.

 

[67impala]

**A: you are getting all caught up with the LLC thing. You sue the property owner period. If they are an LLC, that is not going to protect them from your property damage and other claims.

Thanks. THAT is what I was looking to understand.

 

[HomeGuru]

Thanks. THAT is what I was looking to understand.

**A: ok, then. I think your reply to my first post was snide.

 

[Terminus]

Don't forget the contractor either

You should definitely go after the LLC, but remember the contractor also. It sounds like the contractor did work that doesn't meet CO guidelines from the start (an encroachment shouldn't affect your CO, but poor building practices definitely will). It may also help you to find out who approved the CO for the neighbors work and research why they allowed work and approved the CO that now doesn't allow your CO to be approved.

 

[OHRoadwarrior]

If in NY city for sure the owner/contractor was required to get a permit to do this construction and to make the building a multi-family home. From the damage you describe, the building was not inspected by the city, hence no permit issued. I would go to the city. The neighbor can get into a bunch of trouble with city over this illegal renovation. That will make your case.

 

[HomeGuru]

You should definitely go after the LLC, but remember the contractor also. It sounds like the contractor did work that doesn't meet CO guidelines from the start (an encroachment shouldn't affect your CO, but poor building practices definitely will). It may also help you to find out who approved the CO for the neighbors work and research why they allowed work and approved the CO that now doesn't allow your CO to be approved.

**A: you also raised a good point.