Legal Question in Product Liability in New York

My friend purchased a television within her relationship with someone. The relationship is a boyfriend/girlfriend relationship. She left the television at his place of residence under the pretense that it was for them to share during the relationship, being that most of her time was spent there. Now three months after purchase and a only a month after the ending of the relationship, she has requested it back. He refuses to give it back and suggested she take legal action. In New York State what is the protocol for this? Does she have a case?


Asked on 1/21/15, 10:40 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

It is a gift and it can not be rescinded. She may want to go to small claims court to obtain a judgment against the ex-boyfriend based on conversion of property. The judge will decide the parties' credibility and whether she is entitled to the TV as a loaner as opposed to a gift.

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Answered on 1/21/15, 10:45 am


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