a motion to stop an hp action against a board’s responsibility that was determimed to be the shareholders responsibility by a previous judge

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a motion to stop an hp action against a board’s responsibility that was determimed to be the shareholders responsibility by a previous judge

I live in a low-income co-op. I sustained water damage from the apartment above who says there was a leak from the roof that has been patched. They should have fixed it in 2003 but managment and board problems stopped them. I went to court and th judge, although I provided proof of the damage, and HPD had documented the damage years ago, the housing judge said it was my responsibility. The lease says that any damage covered by fire insurance policy which i think includes water is the reponsibility of the co-op and if the leak came from the apartment from above me, they or the coop is responsible.

Asked on May 29, 2009 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Okay, judges make mistakes.  Is HPD the housing department? If so, contact them and pursue it.  Also, find a legal aid attorney (try your legal aid in your county) and see if they can help you file a new action or seek an appeal. 

But hurry -- appeals rights are limited in time. 


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