Brooklyn, NY asked in Landlord - Tenant for New York

Q: Is there a statue of limitation after property is damaged by the landlord, before I can sue. This is Brooklyn, NY

My car was damaged by the a large ceiling piece falling on it. There is no camera. After car damage, nobody called us, they just cleaned up, leaving some debris. There is police report, and many pictures taken. I asked around and nobody "knows anything". The superintendent was fired after just being there for 3-4 weeks, not sure why. My insurance company paid for most of the damage, but I ended up paying a deductible. So now I want to get it back, and it seems that the agent for the landlord that is managing the building is now giving me a runaround. Edit: Can I also sue for time wasted without a car? What would that amount be?

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In New York, for most ordinary negligence claims the statute of limitations is three years. If your deductible is less than $5,000 you can use Small Claims Court to sue for money damages in New York City.

Aubrey Claudius Galloway agrees with this answer

1 user found this answer helpful

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Landlord Tenant Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: I agree with Ms. Shay. Town and village porch have a jurisdictional small claims limit of $3000 however you may use any city court located within the county where the incident arose and sue for $5000. You can definitely record the amount your deductible went up and over time as well and likely some of the other damages… I would suggest hiring an attorney who can bring $5000 small claims suit for you at a fixed rate. For example, our firm charges a fixed rate of $620 (plus $20 filing/service fee) to investigate and try/arbitrate small claims cases. We also often recoup some if not all attorneys fees for clients.

We offer free consultations by clicking on the “contact us” link at AG3LAW.com or by texting “legal inquiry” to 914-912-1555 and we will return your call within 24 hours.

I think I can help you,

Aubrey

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