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Repairs in a co-op and who must do them

Posted by suzie on November 29, 1999 at 12:53:23:

My apartment was recently damaged by a flood of water from the overflow of the
upstair neighbor's sink. Their insurance company has stated they will only
pay for repainting and floor refinishing and not plastering or floor
replacement as the cooperative is supposed to do that under the proprietary
lease regardless of fault. The coop will not to take any responsibility for
repairs (as they state they are not at fault) although I have shown them the relevant areas inthe proprietary
lease. Must I sue the upstairs neighbor in Small Claims to get his copmpany
to cover these damages or must the co-op cover them. Can I also take them both to
court though they did not techincally cause the damage - but are perhaps respponsible
to repairs some areas of it?

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