hello,
i reside in the state of new york and know nothing about cooperative apartments, and property damages resulting from a next door shareholder's contractors renovations, and therefore would greatly appreciate legal advisement.
a new co-op shareholder has recently purchased the co-op directly next door to my elderly disabled brother-in-law and began extensive renovations. their legal renovations termination date to completely finish and cease all renovations work was over 1 1/2 months ago, but to-date they have continued doing unapproved, unauthorized, illegal renovations.
recently the new co-op shareholder's contractor has damaged my disabled brother-in law's living room room wall. the damage is very visible, and the damaged wall is cracked from floor to ceiling. the co-op property manager, and co-op building superintendent took digital pictures of the extensive wall damage, since my brother-in-law owns shares in the co-op, but not the actual cooperative apartment.
the wall damage digital pictures were submitted to the new shareholder by the co-op's property manager. my brother-in-law wants the new co-op shareholder to pay for the repair and repainting. the new shareholder asked for a written estimate from my brother -in- law relative to repairing the damaged structure and repainting the apartment, since all rooms have the same paint color, and can all be seen from the structural wall damaged area. (this is a very large desirable water front cooperative efficiency unit).
my brother-in- law had his painter access the situation and the painter gave his written estimate for tape repair, plastering, priming, and painting. the final cost estimate was $1,500.00. according to many shareholders in the cooperative my brother-in-law spoke to, they informed him that the $1,500.00 estimate was a bargain and very reasonable, especially since his co-op apt., is one of the most desirable larger efficiency beach front units.
the new shareholder received the written estimate and decided not to honor the written estimate, and instead said an insurance claim should be filed. my future brother- in- law was given the contractors insurance documentation as a matter of record when legal renovations began, but to-date illegal renovations continue and the co-op's property manager is aware of this entire situation..
Question: i would like to know who is legally responsible to file the insurance claim now? the contractor who did the damage to my brother-in-law's wall, or my brother-in -law? my brother-in-law is afraid to file any claim on his co-op insurance, since he states his premiums will escalate, and insurance companies are looking for any reason to drop a policyholder, (especially since he resides in water front property which is a high risk zone).
i would greatly appreciate a knowledgeable advisement as to who should file the insurance claim......the new shareholder contractor's insurance company, or my brother in law, and we all thank you in advance.
i reside in the state of new york and know nothing about cooperative apartments, and property damages resulting from a next door shareholder's contractors renovations, and therefore would greatly appreciate legal advisement.
a new co-op shareholder has recently purchased the co-op directly next door to my elderly disabled brother-in-law and began extensive renovations. their legal renovations termination date to completely finish and cease all renovations work was over 1 1/2 months ago, but to-date they have continued doing unapproved, unauthorized, illegal renovations.
recently the new co-op shareholder's contractor has damaged my disabled brother-in law's living room room wall. the damage is very visible, and the damaged wall is cracked from floor to ceiling. the co-op property manager, and co-op building superintendent took digital pictures of the extensive wall damage, since my brother-in-law owns shares in the co-op, but not the actual cooperative apartment.
the wall damage digital pictures were submitted to the new shareholder by the co-op's property manager. my brother-in-law wants the new co-op shareholder to pay for the repair and repainting. the new shareholder asked for a written estimate from my brother -in- law relative to repairing the damaged structure and repainting the apartment, since all rooms have the same paint color, and can all be seen from the structural wall damaged area. (this is a very large desirable water front cooperative efficiency unit).
my brother-in- law had his painter access the situation and the painter gave his written estimate for tape repair, plastering, priming, and painting. the final cost estimate was $1,500.00. according to many shareholders in the cooperative my brother-in-law spoke to, they informed him that the $1,500.00 estimate was a bargain and very reasonable, especially since his co-op apt., is one of the most desirable larger efficiency beach front units.
the new shareholder received the written estimate and decided not to honor the written estimate, and instead said an insurance claim should be filed. my future brother- in- law was given the contractors insurance documentation as a matter of record when legal renovations began, but to-date illegal renovations continue and the co-op's property manager is aware of this entire situation..
Question: i would like to know who is legally responsible to file the insurance claim now? the contractor who did the damage to my brother-in-law's wall, or my brother-in -law? my brother-in-law is afraid to file any claim on his co-op insurance, since he states his premiums will escalate, and insurance companies are looking for any reason to drop a policyholder, (especially since he resides in water front property which is a high risk zone).
i would greatly appreciate a knowledgeable advisement as to who should file the insurance claim......the new shareholder contractor's insurance company, or my brother in law, and we all thank you in advance.