Legal Question in Civil Litigation in New York
Broken glasses-Responsibility of whom?
I went with my fiance to pick up his son from a previous relationship. When we arrived at his house, his mother, was upset because I had left her a note a few days prior informing her when and where her son's baseball games would be played. She informed my fiance that the two of them were the childs parents and that I had nothing to do with it. I got out of the car to get the car keys from my fiance to roll the window up in the car -our 9 month was in the car. The mother proceeds to yell out remarks about me to my fiance. I told her to speak to me if she was upset with me. She comes over to me, begins yelling in my face and pointing her fingers at me, where they were physically touching me. I asked to remove her hands from my face. Finally I moved her finger from my face and she hit me and my glasses fell off. I began to look for my glasses and she came over and hit me again. Not being able to see, I began looking for the glasses. Their son found the glasses and announced it to everyone. She took the glasses from him, broke them first and then threw them. Can I take her to court to be reimbursed for my glasses? Please advise.
3 Answers from Attorneys
Re: Broken glasses-Responsibility of whom?
You may file a claim in Small Claims Court for the amount of money required to replace your glasses. It's a convenient method which requires a small filing fee. Also, you may want to consider listing 'assualt' in your complaint and demand additional compensation for it (for the unwanted touching / hitting), but be prepared in case you are asked why didn't you file a police report after this attack, if you in fact did not.
Re: Broken glasses-Responsibility of whom?
Broken glasses? You've got to be kidding. Of COURSE you can sue her for the broken
glasses, but what about the assault and
battery? I realize she is your fiance's mother
but if you do not curb this woman now her
appetite for attacking you verbally and physically will grow. The question of why your fiance did not stand up to her more for you in this situation is not one for me to answer but one for you to ponder. ( I am not qualified to render an opinion and my layman's opinion is not printable. )
Re: Broken glasses-Responsibility of whom?
Yes you may and technically you are correct
However, there seems to be a more basic
underlying problem relative to the
need for each of you to engage in parenting
counseling to respect the others needs and
viewpoints and to avoid such confrontations
in front of the children All family courts
have such programs or contacts to such programs
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