Do we have valid lawsuit against the Landlord and contractors for grand larceny and gross negligence? What are steps to file?

I moved into a Queens apt that was not completely ready (the balcony still need addtl work). LL let the contractors and unsure whoelse into our apt without a 24 hour notice, which is required by the lease unless there is an emergency. The day when work was done on my balcony, I had to go home during lunch to quickly pick up a phone charger. Upon entering my apt, the door to my apt was opened and found unfamiliar people in my apt. I saw contractors working on balcony. I didn't see super anywhere in my apt. Later that evening, when we returned to our apt my husband and I noticed that the IPad and his Rolex are gone. We filed police report that evening. LL would not take responsibility for the stolen prop even though it was caused due to their negligence. Seems LL breached lease

Long Island City, NY -

Attorney Answers (3)

Steven Warren Smollens

Steven Warren Smollens

Landlord / Tenant Lawyer - New York, NY
Answered

Dear LIC Tenant:

The police report will help you press a claim on the landlord's insurance and your own homeowner insurance. If your insurance pays for the loss, then likely a claim will be pressed against the landlord and the contractors.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

Are the police investigating. You can sue but it's a hard case, especially against the landlord. Even if the super had been there he could not watch everyone.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
David Harlow Relkin

David Harlow Relkin

Commercial Real Estate Attorney - New York, NY
Answered

The answer is did you authorize the LL to open the apartment for your contractors? If not, he might still not be found negligent if they had a work order, and other documentation. It's a close one, but without any authorization by you to the LL, he should be found liable. Also, the contractors should be responsible since, by allowing the door to remain open, and a burglar entering, or one of them having taken the property, they would be liable.

UNTIL AND UNLESS A RETENTION AGREEMENT IS EXECUTED AND DELIVERED BY BOTH PARTIES TO THIS EMAIL, NO ATTORNEY-CLIENT... more

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