Legal Question in Civil Litigation in New York

You can try Sm Claims court. The only catch is proving his level of culpability. What he did in agreeing to store your bike was a "bailment", and there are different levels of care involved, depending, essentially, on whether the bailee (him) was to be paid or not. Your friend will argue he was doing this as a favor (gratuitously) so it is up to you to show he did this for his own benefit and thus is responsible. Example: A tree fell on my car while it was in the body shop, where they, of course, were being paid to repair it. The car could be safely driven after the moron hit it in Manh., I live 6 minutes from the shop, and the parts were taking a while to come. So, I told them I did not want my car sitting outside b/c a storm was coming and since I live 6 minutes away, within 10 minutes after the parts arrived I could have the car there. So, even if I did not tell them I wanted my car safely in my garage until the parts came in, they would be liable. However, if a friend was helping me out storing my car for free on his lot, the level of culpability for this gratuitous bailmet would have to be much higher. On the other hand, if I could show he was driving my car around, and thus this was not a gratuitous bailment but rather, one that conferred a benefit on him, as seems to be the case with your friend, he would probably be held liable for the damages ($600 stolen bike, value of the battery). Sm Claims Court is only $30 but remember, it often takes several trips to complete a case. The first time, he probably won't show and even if you call the day before to confirm and find out he is not coming, you STILL should go in case he does show...in my experience, the defendant is allowed a ridiculous number of adjournments...so, you go home and have to come back another time...if he insists on a judge you could sit there all day then be told to reschedule because the judge does not have the time that day...another day they may claim there is no judge available, that she has to head to the regular court to fill in for a judge who is sick or swamped there...