PROPERTY DAMAGE CLAIM WASN’T PROPERLY PROVEN OR SUPPORTED
After the Justice Court of the Town of Philipstown, (Putnam County), dismissed her property damage case, DM appealed.
And on its review of the record, the Appellate Term, Second Department, noted that her 2020 leak claim (against her upstairs neighbor) was not time-barred as the court below had concluded, as the claim was filed within the three-year period that the damage became apparent.
The actual problem was that DM hadn’t established her neighbor’s responsibility for the defective pipe. And she also apparently failed to produce an “itemized bill or invoice, receipted or marked paid, or two estimates for service or repairs,” as required by applicableblaw in Small Claims cases.
Given those omissions, the dismissal was left undisturbed.
Bet she wishes that hadn’t leaked out ….
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DECISION