Legal Question in Real Estate Law in New York

someone left music equipment (guitars, amps, mics, stands, ect.) at my home while we where in a band, he had ditched me and moved to NYC and left all his junk at my house for about 10 months. about 6 or 7 months after he moved he called me to get a few things, like his guitar and speakers and a violin, and he left the rest at my house for several more months, i told him im not responsible for his property, as im not a storage facility. in that time, some of his things have been stolen, and now he contacted me through his attorney to get his things, id like to know if he is entitled to his things back still, if so what do i do about the stolen equipment. its not in my hands to pay for it is it?


Asked on 3/05/10, 7:45 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

As crazy as it sounds it's possible you have some liability for his stolen music equipment. This is known as "bailment," sort of like when you drop your car off at a valet. They don't own the care, but have physical possession and may be responsible if it's stolen when they were supposed to be watching it. An interesting area of law, and the facts would have to be discussed in more detail. Give the guy his equipment back which you still have. It's not yours. If he thinks you owe him money for the stolen equipment, tell him to take you to small claims court, and then you'll have to hire a lawyer and/or make your case before the arbitrator.

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Answered on 3/10/10, 1:54 pm


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