Legal Question in Civil Litigation in New York
Personal Property
My friend was involved in a relationship. During this relationship, she loaned this gentleman money and in return the gentleman gave her a tv and stereo system to pay her back. Since then they had a bad breakup and he ultimately was sent to jail for domestic violence, but since has been let out. She has a full order of protection against him. Now, an ex-girlfriend is claiming that this property that he has given my friend is hers and wants it. My friend also has been called by the guys father who also claims that it is his property. The ex-girlfriend claims that she has receipts for this property and is going to small claims court. This girl also has not come forward to claim this property until she found out that my friend and this guy had broken up (more than 8 months later). Can this girl sue my friend for the property? or does she have to sue the gentleman that she gave the property to? I was also told that the ex-girlfriend gave these items to him as a birthday gift. Thanks
2 Answers from Attorneys
Re:privity of contract as a defense
This question deals with the legal concept of privity of contract. In your situation you are A
your ex is B and the "friend" is C.
It sounds as though you had a contract with B,
the consideration was the loan. His repayment was the property.
You do not have a contract with C, because there is no privity between you. Even if she had a contract with B, and B wrongly gave you
her property, it still doesn't give her any rights against you.
In reality it sounds as if he has put her up to this, possibly because you have a defense against his suit.
Practice Point: do not go for binding arbitration or mediation in this case unless you have heard good things about the arbitrator sitting that day. Also, the court should require her to prove her ownership with two pieces of proof.
You should bring all written evidence of your loan whether canceled check, deposit slip, or thank you note signed by B.
The judge may take longer to get to, but if he makes an error, he can be appealed and a mediation, or binding arbitration cannot.
Re: Personal Property
1. Your friend cannot be sued by this other woman for the items.
2. More importantly, the 'Order of Protection' should be extended to the father and this other woman. Go to the local precinct and they will give you instructions.
You can also call me for instructions or to do the work.
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