Legal Question in Civil Litigation in New York
Dunkin donuts dumping
Hi, I have a problem, there is a dunkin donuts behind my house that has rendered my back yard useless. They keep dumping large quantities of a liquid or dirty water or oil of some kind that overflows into my yard and my neighbors yard. My yard has a concrete slab that is impossible to keep clean due to an never ending accumulation of water and sludge. This sludge also has a horrible cesspool smell and it attracts all sorts of insects from mosquitoes to the unknown making the yard useless.
We have repeatedly gone in to dunken donuts to resolve the problem to no avail. Every time we go in they claim the manager is never there and decline to give us the number to the manager or the owner. In reality, I have found out that the manager is a woman who drives a white SUV that is always parked in the parking lot very close to the building. And she is the one who has repeatedly told me and my brother in law that ''she '' is not there.. and the dumping continues. what recourse do I have if any and can the courts actually make tem stop the dumping.
3 Answers from Attorneys
Re: Dunkin donuts dumping
This situation is known as a nuisance, both legally and figuratively; you should retain an attorney and seek an injunction and damages from the store. Is there going to be a clean up required? That cost should factor in as well.
If you would like to make an appointment to discuss this, I would be happy to be of assistance.
Re: Dunkin donuts dumping
Yes, you can commence a legal proceeding asking for the conduct to stop and reimbursement of your costs and damages. Depending on where you live, you may also want to consider filing a complaint with the town or city's community board and also explore what remedies exist through that avenue. I would assume that such a process would be less costly than a court action.
Feel free to contact me should you wish to discuss this further or have any additional questions.
Kind regards,
Peter Moulinos
Re: Dunkin donuts dumping
As others have said, you have recourse. That said, there may be a danger in delaying action, as it could be seen as a waiver of sorts. Please let me know if you'd like to discuss this further. We're always eager to help.
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