Alexandria, VA asked in Land Use & Zoning, Real Estate Law and Small Claims for New York

Q: The Village DPW employees plowed snow onto our property and destroyed our Fence and wont pay to fix it

The village is stating they do not have to pay for it. The fence is set 10ft back from the edge of the road. The codes enforcer verified where we were putting the fence and approved our permit with the Village & town of Wilna. We submitted an estimate to the village, which we were never advised of a time limit. Our property is across the street from another road which is what they plow onto our property, we have asked them several times to plow the opposite direction where there is no house but they continue to damage our property. The village is stating that they can destroy any property and not have to pay for it.

1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in New York

A: The Village will do this to you as long as you do not take the steps needed to commence a lawsuit and as long as you do not involve your homeowner insurance company.

Without filing a Notice of Claim within 90 days of the occurrence of the damage, you cannot sue. If the time has not run out, hire an attorney and start the process of bringing the village to court with a Notice of Claim.

Peter J. Weinman agrees with this answer

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