Legal Question in Civil Litigation in New York

my grandmother bought me a new laptop last year, i told her i would pay it off and she said no "its a gift for all you do to help me"

my aunt then caused a huge family fight with cops involved and everything, involving my mom

because i talk to my mom still, my aunt and grandmother are now mad at me and my grandmother has threatened to take me to small claims court for the cost of the computer and some other things she has helped me with in the last year.

all the different things she told me she was helping me, cause i was helping her.

now she has decided to carry this family rift even further and take me to court.

i of course have no proof that she verbally told me all these things were gifts.

is there anything i can do for my case if she brings it to court?


Asked on 10/26/09, 10:48 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

A gift is where the giver has a (1) a donative intent and (2) transfers the property (gift).

Based on your question your grandmother (1) intended to make the computer a gift and (2) delivered the computer to you. Once a gift is made it cannot be taken back.

If in Court I would tell the truth. Remember that you have the computer and she has nothing in writing.

Mike.

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Answered on 11/02/09, 8:34 am
Paula McGill Attorney at Law

If she decides to take you court without written evidence of the loan, she may lose. As the plaintiff, she will have the burden of proof regarding her claim of the loan. At the same time, you have evidence of the assistance you provided to her. If she serves you with a complaint for court, it may be helpful for you to draft a timeline that shows the approx. dates you gave her assistance and the dates of the gift.

(Also licensed and practicing in New York)

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Answered on 11/16/09, 12:46 am


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