Legal Question in Mediation in New York

Physical fight between me and a friend. She threw first punch, then broke my TV and hair straightener (I won the fight, apparently causing damage to her face). Now she is refusing to pay $650(or any money) for my broken property and saying I must first pay for hospital bills however I fought her purely in self-defense immediately after she slapped me. This all happened because she refused to leave my home and got angry when I kept asking her. Neither of us have made police reports to my knowledge. My brother saw her break the TV and straightener. I am 17, she is 18. I live in New York. There were two witnesses to the fight, one of which claims I hit her first(friend of HERS, uninvited as well) and one who claims to have "not seen anything because he was talking to witness 1", also uninvited. I have no marks on me what so ever, no proof that I was attacked.

Asked on 11/19/12, 2:01 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

What is your question? Yes, she can you and you can sue her. You should have taken pictures of the damages and the condition of the room after the fight. Also, your relatives would be witnesses in court about the incident.

Police involvement may have been a problem for both of you. However, you don't need a police report to file a civil suit.

Also licensed and practicing in New York.

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Answered on 11/20/12, 11:15 am


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