Legal Question in Real Estate Law in New York

Please help. i m on a private road orange county ny. it is a dead end street. i a m at the end. this other man is at the beginning near the entrance. few years ago it was a dirt rock and big pot hole road. neighbors agreed to chip in to pave it. all but 2 did not. i had to pay extra to cover their costs. one person was on an agreement that i had drawn up years ago with few homeowners. the other guy wasnt on it, but he was still part of this "private road".

i took this neighbor to town court. town judge said everyone had to pay equally for pavement and snow plowing and repairs going forward. i was happy with that. however he did not award me all that overpaid to cover their cost.

so i took it to the appelate court. only the man not part of the agreement was in that because the town forgot to name her in it (such a coincidence). the 3 appelate judges decided not to give me anything because this man never signed anything. i overpaid 3000.00 over the 1200.00 that i already put it. he paid 0. is this fair???? i give a crap if he signed nothing. they are evil crooks. what can i and we do??? we cannot go on with him not paying a penny and the rest busting their buts, especially my husband and i. please help that decision was a smack in the face and sooo unjust. evil and mean.


Asked on 11/08/17, 5:15 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

No it's not fair. You got the raw end of the stick, for sure. The only thing to do now is put the past in the past and go forward with your lives and don't let that get in the way of your enjoying your lives, which is sounds like what is happening. You knew the house was on a private road when you moved there and there was always the possibility of something like this happening. Unfortunately it did. Maybe you'd be better off selling the house and moving to Florida? You need to get over this otherwise it's going to make you and your husband bitter until the day you die, and that would be a terrible outcome.

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Answered on 11/10/17, 12:21 pm


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