Illegal dumping

[debodun]

What is the name of your state (only U.S. law)? NY
My neighbor is suing me for illegal dumping. What should I do?
Two years ago while trimming some trees on our property line, my neighbor "accidentally" dropped a large branch that smashed my outdoor brick fireplace. He didn't even come over and admit it or offer to repair it, so I approached him. He then admitted to it and said if I got the materials he would rebuild it for me. I have the bricks and chimney. When I saw him outside again I pointed it out to him. He stared at the pile of bricks and the chimney for a few moments then said "Well, instead of rebuilding the fireplace, if you have any trash that you ordinarily burn, you can put it in my dumpster out back." I don't have that many things to burn, but last week I used the dumpster. A few minutes later I get a phone call from neighbor saying not to be throwing things in his dumpster. I brought up the promise he made. He said he never recalled saying that. I replied that it stemmed from his breaking my fireplace. He even denies that he did that. The next thing, I get a summons to appear in local court to answer charges of illegal dumping. I only have his word that he said I could use his dumpster and apparently he has witnesses that will testify that they saw me using the dumpster. Nice guy, huh? What do you think will happen? What should I say in court?

 

[longsally111]

I think you should tell the judge EXACTLY what you have said here and how he destroyed your fireplace. Let the chips fall where they may. Having trash burned is different than destroying private property.

 

[154NH773]

If you have any proof of the damage to the fireplace, you can still probably sue for the cost to repair or replace it. There appears to be a 3 year statute of limitations in NY to bring such a suit and it could probably be brought in Small Claims Court for a minimal cost.

As to the illegal dumping, I agree that you should bring in any evidence, including your recollection of dates and what was said or done, and explain to the judge.

 

[debodun]

Thanks...but

I can take a photo of the fireplace, but I can't prove he did the damage. What's to prevent him from just denying he did it or anything else he said or did. Of course, I don't have the dates of out interactions - I never thought I'd need them. Besides, he doesn't even live there, he just runs a business on the property, so he comes and goes and rents out the apartments in the building. He can get his tenants to testify they saw me putting stuff in the dumpster, so he has proof and street smarts. I have nothing.

 

[HomeGuru]

I can take a photo of the fireplace, but I can't prove he did the damage. What's to prevent him from just denying he did it or anything else he said or did. Of course, I don't have the dates of out interactions - I never thought I'd need them. Besides, he doesn't even live there, he just runs a business on the property, so he comes and goes and rents out the apartments in the building. He can get his tenants to testify they saw me putting stuff in the dumpster, so he has proof and street smarts. I have nothing.

**A: then you are on the losing side.

 

[154NH773]

Two years ago while trimming some trees on our property line, my neighbor "accidentally" dropped a large branch that smashed my outdoor brick fireplace.

Can you take photos of the trees and the stubs where the branches were trimmed, and their relation to the fireplace? It might support your story in court.

Of course, I don't have the dates of ou[r] interactions - I never thought I'd need them.

You should have some approximate dates you can remember... You will have to present a creditable story to the judge if you expect to prevail.

Not to be critical, but this is an example of not documenting damage to your property and following up. You probably should not have taken him at his word, or at the least, preserved the damage with a certified letter, photos, or other evidence.

My attitude is to be friendly, but always assume that the other party is out to screw me.

 

[debodun]

This case was dismissed for lack of evidence on either side. Just a case of "He said - she said." Apparently the witnesses were a bluff, maybe he hoped if he said he had witnesses, I'd get scared and pay him off rather than going to court.

 

[divona2000]

Good for you ...and now you know to document everything done between neighbors (and more so with friends and relatives, lol )