Legal Question in Civil Litigation in New York

neighbor sued neighbor regarding car damage

A neighbor received q judgement against me for what she alleges is working

on her car without permission. She was in an accident with a pole in the

building and I offered to fix it for her. she gave me the color and I spoke with

her 3 times about the work. I sanded out the damage and she then stopped

work and then sued me for $3500.00 in damages. she sued the garage

manager and leasing agent for leasing apt. to me. They were dismissed after

their lawyers went to court. The ''court finds that the defendant worked on

plaintiffs car without her consent and that the car was damaged as a result of

the unauthorized work that the defendant performed'' I didn't have the

accident! I wasn't driving! The car was professionally repaired and repainted.

I stopped working on the car when she told me to. We had an ''agreement'' as

I felt that her giving me the color code and never telling me to my face to not

work on the car was enough. Should I appeal? Is it too costly for what it's

worth? I think that the judge thinks that I just walked up to her car and

started sanding on it and damaged it and that's not true. Another neighbor

was there and saw her drive into the pole and he took pictures of the pole


Asked on 1/19/06, 5:58 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: neighbor sued neighbor regarding car damage

(1) Did you show up in court? If not, then you should petition to have the judgment set aside.

(2) Was this small claims court? And, if so, did you use an 'arbitrator'. If you used an arbitrator, then you are out of luck. The case is over.

You are welcome to email me the answers to these follow up questions and I would be happy to answer them for no fee.

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Answered on 1/25/06, 5:39 pm


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