abandoned property? New York laws?

[Karmagal]

Where do I find info on New York laws that dictate the proper procedure for throwing out someone else's belongings? I was on a lease with a roommate (who is not the landlord, but began a new lease 1/1, after my departure) until 12/31/09. On 1/14/10 this former roommate and I verbally agreed that I would return to the apartment on 1/30/10 to remove the last of my belongings. On the morning of 1/30/10, she told me she'd already thrown my belongings away. She never contacted me, never gave me a deadline and never warned me. I would like to take her to small claims court but have been told I have to send her a demand letter first, asking for the $$ to pay for the trashed items (at used prices) by a certain date, THEN resort to legal action if she does not respond or refuses. Where do I find the info on this legal process?

Should I have been given written notice? How much time is allowed to pass before my things could have been legally disposed of? WHERE DO I FIND THIS LEGAL INFORMATION TO PASS ON TO MY FORMER ROOMMATE?

 

[Michael Wechsler]

We actually have a complete set of searchable New York Law right here at TheLaw.com.

http://thelaw.com/ny-law/

Regarding throwing out someone else's belongings, I don't think there is specific code on this issue but any action must be reasonable. Here it seems there was already an agreement between the two of you. She agreed to allow you to keep the items in the apartment and you relied upon her representation. This is not a "contract" but a suit in "equity" or what is just and right. It is called the theory of "detrimental reliance."

What you were told about New York small claims court is correct. Send the demand notice first. If she doesn't agree to reimburse you for the items, then you have a reason to go to court.

With regard to procedure, here are the New York Small Claims Court rules:

Starting a Case in New York Small Claims Court