Legal Question in Real Estate Law in New York

Party Wall Damaged - Who's responsible for repairs ?.

I own a three family home with a party fence/wall with a mixed used (5 residence apartments and 1 business )apartment

building.

Children from the neighborhood come to play ball in the parking lot of the mixed used property every afternoon and evening.

When these activites are taking place, I or my wife speak with the children and the parents watching the activities to state, ''can you please not play ball here and don't lean or play ball against the fence''.

Note: Two blocks from the property that this occurs is a NYC Public Park (My wife and I don't understand why they just go to the park instead).

As a result of this activity, the fabric (chain-link-type)of the fence has become stretched out and the posts that support the fabric are bent and loose in spots. The fence's fabric and posts bent in the direction of my property

(three families home's driveway) making it very difficult to park our car.

I've spoken with the owner, who blows me off. I have now started speaking with the 1 business tenant to resolve the matter.

I can afford the money to repair or even replace the fence

entirely however, if the children still play ball and the landlord thinks he has no responiblity to police his property, whats the point.


Asked on 6/05/05, 5:44 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Party Wall Damaged - Who's responsible for repairs ?.

You might want to investigate a different types of wall, that could require a "variance."

Or, you could become involved in the community or local school, in such a way, as to become better informed about the whys and wherefores of the conduct, you are complaining about, that doesn't seem to make sense." To wit: why are the children not playing in the playground? Is it unsafe? Do the parents want to keep an I on the children; and are nearby watching them from the window, while knocking your fence around?

Suggest that you become PRO ACTIVE. After all, you live there.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 6/06/05, 1:50 pm


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