Legal Question in Real Estate Law in New York

My friends father has threatened to take me to small claims. My friend came to my home one night in the summer drunk. In his possession, he had a skateboard. As he was attempting to leave without his skateboard, I offered him a ride home as he was too drunk to walk or ride. He left the skateboard at my home and left. It stayed at my home for more than 1 month. I had asked him on numerous occassions, to get his skateboard by phone, texting, and facebook messages. He has failed to get it. Another friend who happened to be at my home offered to return it to him. It appears that this other friend failed to give it to owner but instead he gave it to a 3rd person. This 3rd person now refuses to give it back to the owner and had even fought.I have tried to reason with this 3rd person and he still refuses. Now the father of owner is calling my home threatening me. I am 17 yr old female and I am worried and confused about the legality of suing me or getting my parents involved, would my parents have the responsibility of replacing this skateboard. The skateboard is more than 1 year old and in poor condition and cost 150.00 at time of purchased. I am anxiously awaiting your response.


Asked on 9/27/11, 12:20 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Anyone can sue anybody else. The real issue is whether or not they can prove their case. SHould the parent of this friend attempt to take you to Small Claims Court, I suggest you counterclaim for the storage of the skateboard. I don't think they have much of a case if you can demonstrate the repeated efforts you made to return the item.

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Answered on 9/27/11, 1:49 pm


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