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drjudithvolpe
01-11-2010, 12:48 AM
What is the name of your state (only U.S. law)? New York City Civil Law Codes
Liability for fire damages, New York Civil Code
A fire in my neighbor's condo two floors above me caused extensive water damage to my personal property and my apartment.I did not have home owner's insurance at that time. My neighbor's insurance company claims that it is not liable for the damages to my unit on the grounds that the cause of the fire was never determined. I am taking my neighbor to small claims court in nyc and wonder if and how I need to prove his liability aside from proving damages. The fire was not an act of G-d, nor was it cause by electrical fire or a flaw in major appliance[these are ruled out], the fire department stated that the fire was probably caused by an external heat source which caused cardboard left on the Kitchen counter top to catch on fire.However,since the exact sequence of events was not determined, they listed the cause of the fire as indeterminate even though the report suggested stove/cooking. It occurred on a Sat. morning, the family left the apt early, fire occurred 90 min later, on kitchen counter top Please help. Thank you. Am i on the right forum or is there a better one? Thank you!

drjudithvolpe
02-21-2011, 02:07 AM
I won my case almost a year ago, got $5800 with interest. got fire marshal to testify, stating cause of fire was classified as "cooking carelessness". Testimony did not cost me anything and friend delivered subpoena for me, a win-win situation for me.
My neighbor who caused the fire had given 3 different accounts of what happened that day to 3 different people, the fire marshal and the two insurance agents, what an idiot.