Baltimore, MD asked in Real Estate Law and Municipal Law for New York

Q: city owned home that I have filed a notice of claim against due to damage caused to my home has been sold

I live next door to what was a city owned home that I had filed a notice of claim against due to damage caused to my home from the foundation crumbling, causing a shared walkway to pull away from my home, causing tens of thousands of dollars in damage to my homes foundation. The city has since sold the home and refuses to accept liability. The new owner was aware of the pending issues. Does the liability now transfer from the city (Schenectady, NY) to the new owner or is the city still liable? The new owner wants to start repairs on the property (needs to dig up shared walkway in order to repair her damage), I have not given permission and refuse to do so until my issue is resolved. If the new owner took on liability (she knew there was a notice of claim filed when she bought the house) , can I also file against her for the damages caused to my home?

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.

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