Legal Question in Mediation in New York

re: damages done during move

I moved from Mass to AZ. The moving company is located in NY. Damages to furniture and broken items were done during the move. The moving company has not resolved this and their insurance company denied the claim. What legal recourse can I take to recoup for damages.


Asked on 7/10/02, 6:29 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: re: damages done during move

You have filed this under mediation: I am a certified mediator in New York. I am also a litigation attorney. I can not act as both in the same case, because mediation is the voluntary attempt to settle disputes by the parties. Why did you post under this heading?

Generally your contract will specify any limitations on damages,arbitration clauses and what your deductible is on damages. If you file a written claim with the company they should ask for photos and the opportunity to inspect the damages. In my experience, if it is a reputable company, claims are normally resolved by their insurer, or an adjuster.

Problems tend to occur with smaller companies, who, even if they have insurance, don't necessarily have the office support staff to

process the paperwork. I even had one moving case, where the company was insisting my client ship a broken chair to them in New York for inspection- they still had the arm.

Of course they hired a local appraiser in Las Vegas, where the family had moved, once I became involved. Let me know if I can be of assistance.

Read more
Answered on 8/06/06, 2:10 am
David Slater David P. Slater, Esq.

Re: re: damages done during move

Read your moving contract to see if it lists your remedies. If none, try to sue in Arizona.

Read more
Answered on 7/10/02, 9:41 pm


Related Questions & Answers

More Mediation questions and answers in New York