Schaghticoke, NY Personal Injury Law Firms & Lawyers

If you file in small claims court, you cap your damages so I don't recommend that unless you are willing to make that trade off to save money on the court filing fee. If you really want to pursue the case, I suggest you get a lawyer (either the old one or a new one) and sue in Supreme Court so you don't limit your damages.

A lawsuit is started by filing a complaint in the court. In this case, it should be in the Supreme Court (the amount of damages is too large for the lower courts). The complaint can be filed in the county where your damaged property is located or in the county where the contractor maintains his office. Technically, you can prepare and file a complaint yourself but, from experience, it is not likely to be a good idea. Do yourself a favor: find an attorney to have your case done right from the outset. A bit of advice: you have 3 years to start the case; however, you should not sit and watch your damages grow. If you do nothing to correct the situation, the court will not order that contractor to pay for the consequences of his breach of contract. You will have to show that you have taken reasonable steps to mitigate (limit) your damages. You likely should hire another contractor to repair the property and make the apartments rentable. But don't take my guess for guidance - tell an attorney everything about your case and ask him/her what you have to do with the property under the circumstances.

You can file a complaint with your state board of health. Before you do, read over a couple of times, then have someone read it out loud to you so that you know you have all your spelling and grammar correct. Make sure all of your statements are factual and not opinions, guesses or assumptions. Keep a copy of everything you send and politely follow up once every three weeks or so. These things take time, but they do take them seriously, so be patient.