My Neighbour But Holes In My Chimney

Location: New Jersey, USA

In my condo building only two units have fireplaces, mine and my upstairs neighbour. His fireplace recently failed a level 2 inspection and so he decided to decommission the fireplace and install an electric chimney. I guess his fireplace inspector didn't do a good job of making a plan for the electricians since when they were drilling into his fireplace to put the electric insert they ended up drilling holes into my flue; I have four perfectly round holes in my flue. The neighbour paid for my chimney guy to come and do a level 2 inspection which confirmed 4 holes in my flue. Since I don't use my fireplace I figured I might do the same as him; I also don't want to have my entire living room wall ripped down to repair something I don't use. He only wants to pay to decommission my chimney ONLY (meaning I would pay to install the electric fireplace) and made no mention of repairing my chimney completely. Can he decide that he only wants to pay up to a certain dollar amount? Do I have to go after him or the electrical company that made the damage? I also want to add that there is now some tension with this neighbour as he moved out to his new home (still owns the condo unit and wants to rent it out) and left his garage open when it was averaging a real feel of 2 degrees which froze my pipes causing me to live without heat for 1.5 weeks during the coldest week of the year, since the HOA owns the pipes they put three small holes in his garage ceiling to restore my heat. This apparently aggravated him and he's now mad that the HOA will only patch the holes and not install entire new sheet rock (these are very small holes).