Legal Question in Civil Litigation in New York

My property was stolen in a store, the thief is on the store camera. But my property was handed to the cashier who denied seeing or having it. I returned later and the their returned and the cashier handed my property back to the man that took it originally ignoring my protest that it was mine, the man then ran off with it.

Can I sue the store? I believe the cashier and the thief are partners. Either way, my property was still stolen while in the cashiers posession. Total value is $2500.00

Is this a suit that can be won?


Asked on 5/19/10, 6:49 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

The thief & store "helper" employee, can be charged with a crime and tried in criminal court. The store can be sued civilly on a variety of grounds, if store management was neglectful in hiring or supervising their employee. who caused you harm or the loss of your personal property. Whether either claims or suits are worthwhile or winning, depends upon your proof of ownership of the item alleged as stolen; and your evidence. of a thief. If ownership of the item/s is disputed, you know the thief; & the facts, as you understand them are uncertain, a "he said she said" presentation is likely to be considered a weak case..

Good luck,.

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Answered on 5/25/10, 9:19 am


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