Local attorney Deborah E. Kaminetzky visited the Levittown Community Council meeting on Monday night to give a presentation on the small claims court process.
Kaminetzky, from Cedahurst, practices Matrimonial, Construction Contract, Small Business Litigation and Estate Planning Law, but also handles small claims on occasion.
The council and those in attendance learned a lot about the small claims process which was both helpful and surprising to some. For instance, Kaminetzky said that in small claims court you can only file claims up to $5,000 and only for money – not for personal injury or pain and suffering.
The person you are suing can also put in a counter claim – the “he said, she said” type cases. Also, if you are suing someone in Suffolk County but you live in Nassau, Kaminetzky said you’d be better off suing the person in Suffolk County, because the person could claim “inconvenience venue or forum.”
Kaminetzky gave a real-life “fence case” as an example of a recent case. A new family moved in and did not like the fence their neighbors put up - they thought it was ugly, and they painted their side white. The other side of the fence had splatters on it from their paint job. So, they sued them to have the fence replaced, Kaminetzky said.
However, the other side decided to do counter claim – she said they had to paint it because child was suffering from mold allergies from the unpainted fence.
“They had all letters from doctors and everything,” Kaminetzky said. “They said if it had not been painted, the fence would have grown mold on it. I had never seen someone suing for mold outside.”
A member of the council also pointed out that even if you win the case, you are not guaranteed to get your money.
“If you know where the person lives and you know their address, and they have a house or a car, then you’re in good shape,” Kaminetzky responded. “You can theoretically get a judgement and take a lien on that asset. “
However, you shouldn’t expect to get money from people who don’t have any assets, Kaminetzky said.
“You’re going to pay me, go through this entire process, then you’re going to have this lovely judgment that you can hang on your wall, but you’re not going to actually get any money back,” she said. “So you have to have an idea that you’re going to be successful in getting money back.”
The council also held elections at Monday’s meeting. Not all the candidates were incumbents, but the slate was unanimously approved, and the new board will take office on Nov. 1.
Bob Koenig will remain President, while Tom Kohlman is 1st Vice President and Pat Patane 2nd Vice President.
The council also mourned the loss of a former member. Pat McBride, a longtime community council member who recently passed away.
“It’s always sad to see a good Levittowner go,” Koenig said. “She was a really sweet lady, always smiling. We’ll miss her.”
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