Who is responsible? Is there even a case?

[WishyWashy]

Jurisdiction

New York

Upcoming case against a painter hired to do work at a residence. He did not complete the job and left he house in shambles, after months of stringing homeowner along.

He stored a power washer at the residence in a garage while the work was being done. He claims the washer was stolen from the garage, yet no police report was filed. Can he counter sue for this alleged loss? It is not believed that the washer was in fact stolen. Can this stand up in court? No evidence besides he-said/ she-said? Help! Thanks!

This takes place in Westchester County, New York

 

[ElleMD]

Anyone can sue another for anything. Whether they prevail is anyone's guess. If this is all in small claims court, it is quite possible the painter will be liable for the incomplete work and the homeowner for the disappearance of the equipment from their property.

 

[adjusterjack]

Can he counter sue for this alleged loss?

Yes.

It is not believed that the washer was in fact stolen. Can this stand up in court?

No way to predict.

No evidence besides he-said/ she-said?

It's up to him to prove it.

You both go in and tell your stories and the judge makes a decision.

 

[ElleMD]

Anyone can sue another for anything. Whether they prevail is anyone's guess. If this is all in small claims court, it is quite possible the painter will be liable for the incomplete work and the homeowner for the disappearance of the equipment from their property.