Legal Question in Business Law in New York

Whose Equipment Is It?

Hi, I do telecommunications consulting for a small manufacturing firm. I acquired some equipment for the company for the company to use at no cost to them. They were and are a small company with limited capital so through my resources I acquired a server for them to use. They were not required to make any expenditures for use of this equipment. I got the equipment for them to use during my tenure there. I am getting ready to move on to different opportunities and desire to take my equipment with me but this has created a discrepancy about whether or not I can take my equipment. Am I legally bound to leave the equipment or can I legally take my equipment? Thank You


Asked on 1/17/01, 3:20 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Whose Equipment Is It?

All of the facts and circumstances from your viewpoint and that of the employer have to be examined.

The key to be determined is what your intent was in providing the equipment.

Dis you buy a job?

Was it a gift?

Was it a rent free loan (lease)?

Was it to be available for a specified period of time?

Generally, a gift to a stranger is not assumed; people don't normally give things to strangers.

I think the general weight, based on what you put in your question, favors your right to take the stuff. But, there may be two sides to the story and your words and conduct may have led the company to believe that you gave the stuff to it.

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Answered on 2/13/01, 9:01 am


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