Legal Question in Civil Litigation in New York

Storage Facility Damages and Contract

Our family rents a storage locker in a facility in Brooklyn, NY.

The facility experienced a serious fire on 3/12/2001.

We were informed a week later

We were reassured that our possessions were being moved, to

a new locker - on an undamaged floor of the facility.

We were assigned an appointment for 4/21/2001 to examine

our possessions.

When we arrived at said appointment we learned that our

possessions had not been moved.

We discovered that our possessions were damaged, but not

directly as a result of the fire.

Rather, the fire department had broken open a large window (a

window nearly the entire width and height, of our locker).

The storage facility simply left our possessions in the locker

exposed to the elements for nearly 5 weeks.

All our damage was due to simple exposure to the weather.

No attempt was made to move or protect our possessions

from the elements.

The storage contract stipulates a value of 30 cents a pound

for items in storage.

Our claim was for approximately $10,000 in damages.

The owner offered $500.

Is this a breach of contract?

Can I take action in civil and/or small claims court?

Thanks.


Asked on 8/16/01, 7:51 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Storage Facility Damages and Contract

I received your post today.

It may be possible to sue for the value of the materials lost..without limitation to the contract..DEPENDING on what the contract states and the complete circumstances surrounding the loss.

Your damages are also too high for small claims court and a proper lawsuit must be commenced.

Please feel free to call me at 212-764-5428. If you care to fax or e-mail the agreement to me ahead of time, please e-mail at [email protected] or fax to 845-878-0009.

Good Luck

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Answered on 8/17/01, 1:38 pm


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