Legal Question in Civil Litigation in New York

Can I sue a bar for the return of a jacket?

I was at a bar and accidentally left my leather jacket (on a Saturday night) I called Tuesday night and they had my jacket. The bartender tried it on and joked that it fit him well etc. I said I would come in to pick it up on Thursday. I ended up going in on Saturday instead and the bartender was not there. The manager looked around and gave me some story about it being behind some boxes in their basement.

I've called several times and the last I heard, the bartender that found my coat had it. I gave my number and never got a call.

I called again tonight and the mangager said ''Yeah, we just don't have your coat, sorry.'' I know they have it and want it back. Can sue them in small claims court for the value or return of my coat?

Asked on 7/03/05, 4:39 pm

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Can I sue a bar for the return of a jacket?

Based upon the facts you present, I believe you could win in small claims court.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 7/05/05, 6:10 am
Bunji Fromartz Fromartz Law Offices

Sue the bar.

Try to get your phone records to bring to court to prove you called them. Also if you paid by credit card that night it would help to show you were there.

I also think you have a good chance of winning in small claims court. Sue both the tavern and the bartender.

Good Luck.

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Answered on 7/05/05, 12:16 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can I sue a bar for the return of a jacket?

You can sue, but if they just deny knowing what happened to the jacket then the judge will not support your position with a judgment.

On the other hand, often if you do bring an action, they will do what you want to avoid further trouble. They may return the jacket.

A 20$ filing fee and one night at small claims court is worth the chance of return of a $200 dollar jacket. I recommend going to court.

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Answered on 7/04/05, 12:49 pm

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