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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116815
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In 2005 New Yorker Storage removed my artwork from a private

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In 2005 New Yorker Storage removed my artwork from a private room, on 107th street, in Manhattan leased Re: a bailor/bailee agreement/traditional "art" storage, not self storage agreement, to a far away, unknown to me, neighborhood in the Bronx, without notice. The artwork had been stored for a period of ten years. In 2007 I discovered the removal. New Yorker Storage Co, Inc., claims not to have been insured for this move, nor, were they required to have been insured, even though they lost their lease, because they were moving goods from one of their own storage facilities to another - is this so? And, are damages to "artwork" valued in the same way as "household goods" under the New York City Consumer protection law for insurance 2-329? In addition, New Yorker storage company, Inc. lost and damaged artwork in the move, then, did not re-enter the work to a private room, but threw it in around in a common area that had been gutted and was in the midst of being rebuilt. New Yorker storage said there is no differential in this charge. Than you, xxxx xxxx

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Artwork valuation is a bit different than household goods as the value must be appraised because it is so subjective. However, the NY Statute of Limitations for damage to property is 3 years and for breach of contract is 6 years from date of the breach of contract, so you may have to argue it was a continuing breach and continual damage as to why you did not take action sooner. At this point, because the statute of limitations may be a factor, I would urge you to get to a local attorney as soon as possible about filing suit for damages so you do not lose out in your right to recover.




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Customer: replied 3 years ago.

i can't read your answer it has a screen over it

Thank you for your reply, I do not know why. If you continue having a problem, please contact customer service at http://ww2.justanswer.com/help, as the experts do not have any way to know what is going on from the customer's end.
Customer: replied 3 years ago.

i did file a lawsuit in 2008 which is ongoing - can you answer the rest of the question as well -thanks you


 


was the storage required to have insurance re: removal - as they did not notify me and as such did not give me the option to buy insurance -


did they have the right to continue to bill me at same rate as a private room for common storage? please advise. thank you


 

Thank you for your response.

No, unless your contract with them had some clause specifying they had to have insurance, there was no mandatory requirement they have insurance. Also, as far as the billing, this too is based on your contract terms and if the contract specified a specific type of storage then they are in breach of the contract for that as well as the damage. Their requirements here are not statutory under the laws, but under the terms of the contract you had with them.
Customer: replied 3 years ago.

i did not have a removal/or moving contract - my contract was for storage


the storage company lost its lease, then moved my belongings without notification -- without giving me the opportunity to buy my own insurance.


 


 

Thank you for your reply.

Then it sounds like they breached the contract with you which comes under contract law (the terms of your contract), not statutory law, which is what you should be going under in your suit.
Customer: replied 3 years ago.

under a baille/bailor agreement does is it necessary for plaintiff to prove damages or is it incumbant upon warehouse to prove there were no damages?


 

Thank you for your response.

You still have to prove damages were incurred as you are the one seeking those damages and then once you prove damages, the other party can try to prove they were not liable. That is the damage evidentiary process.
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