Legal Question in Civil Litigation in New York

Harrassed by neighbors, former friends. Includes mail theft, damage to our home,

We have some neighbors who I used to be friends with at school in the dorms last year. Since we have moved into an apartment building they have become rather rude. I have broken off the friendship. They drink a lot and have, for the last 6 months, been making it a weekly/monthly activity to harass me, as I live upstairs. They have attempted to break into my apartment twice now and I have caught them stealing our mail. One of them did damage to my car last year. They have broken our door frame by attempting to kick the door in twice. Every time these things happen there is not enough evidence for the police to charge them but enough evidence to make it clear as to who is responsible. We have setup a video surveillance system now and have caught them on tape stealing the mail, being drunk, and threatening to ''kick my ass'' (w/ audio). I want to know what legal rights I have, because my rights are definitely being violated. Please help. I don't want to move, I like my home.


Asked on 1/15/01, 3:37 pm

2 Answers from Attorneys

Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: Harrassed by neighbors, former friends. Includes mail theft, damage to our h

You can swear out a municipal court complaint for harrassment and/or other similar conduct and prosecute it there.

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Answered on 2/12/01, 2:10 pm
Andrew Campanelli Perry & Campanelli, LLP.

Re: Harrassed by neighbors, former friends. Includes mail theft, damage to our h

Stealing mail is a federal offense. If you have evidence that they have stolen mail from your mailbox you can have them arrested and prosecuted. This carries a heavy fine and can subject them to prison. Given the circumstances (that you have to face these people on a regular basis), you should consult an attorney who has experience with postal inspectors, for they are the persons who investigate incidents of this type. In their discretion, a postal inspector can cause a federal prosection to be commenced and pursued. Thay also have broad federal powers of investigation, and are often known to "show up" at an offenders door with armed federal agents when conducting such investigators. Although you may also file a criminal complaint for harrassment with the county district attorneys office, the federal prosecution is a far scarier prospect than any state action. Should you wish to discuss this matter further, you may can my office to schedule a free consultation. Andrew J. Campanelli (516) 746-1600

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Answered on 2/12/01, 5:44 pm


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