Legal Question in Business Law in New York

Restaurant's responsibility

I had dinner at a restaurant and left my sunglasses, I called the next day and asked if anyone saw it and they said yes, I asked them to keep it for me. I returned a week later for my glasses and they could not find it. Can I take them to small claims court.


Asked on 10/17/08, 2:23 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Restaurant's responsibility

Unless your sunglasses are a significant investment (i.e., prescription lenses), you need to think long and hard about why it would be worth the trouble to take the restaurant to small claims court. Litigation of this type and at this level just creates ill will all the way around. Also, because the world of restaurant owners is fairly insular, your reputation as being lawsuit-happy may precede you to every restaurant in your area, and you may well become a long-term pariah to your local eateries. There is no faster way to get really rotten service than by being a pariah.

If you really want to sue this restaurant, it's possible that you would win (it's also possible that you would lose). In NY, the filing fees are fairly inexpensive at the small-claims level. File in the court in the county where the restaurant is located. You don't need a lawyer (although you can certainly have one if you wish) in the small claims arena.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/22/08, 9:05 pm


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