Legal Question in Real Estate Law in New York

I purchased a co-op apartment 3 years ago. Shortly after purchasing it, the tenant of the apartment below told me my shower was leaking into hers. She and the super told me it had been going on for years with the previous owner as well. I regrouted my shower within 2 weeks of learning about the leak. The tenant below confirmed the problem was fixed. The tenant below me is now renovating her bathroom and is asking me to pay the water damage that was caused by the leak. The management company of ur co-op also confims the majority of the damage accured prior to my purchasing the co-op but told me I am responsable for the damage caused by the long term leak which occured while teh apartment was owned by someone else since I purchased the apartment. This leak/problem was never disclosed to me prior to the purchase. Under NY law, am I financially resposnisble for this preexsiting condition that was not resolved with the previous owner of my apartment?

Asked on 11/24/10, 11:42 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

The claim is most likely barred by the three-year statute of limitations for bringing an action for negligence.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 11/29/10, 11:58 am

Michael Markowitz Michael A. Markowitz, PC

Generally, the answer would be no since you had no notice, knowledge or ownership of the unit. The exception to my answer would be whether there is something in the cooperative bylaws, rules or regulations that would make you responsible.


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Answered on 11/29/10, 12:55 pm

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