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HOW TO CHALLENGE AND REMOVE A LIEN IN NYC?

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Litigator22

Active Member
I think the matter could easily be resolved if olenathk would pay for the damage to the rental equipment.

You would have the OP admit that the equipment broke down due his negligence? Or is it your philosophy that anyone leasing personal property is an insurer of that property and thus is liable even in the absence of misuse?
 


quincy

Senior Member
You would have the OP admit that the equipment broke down due his negligence? Or is it your philosophy that anyone leasing personal property is an insurer of that property and thus is liable even in the absence of misuse?
I don't know enough about the equipment damage to say. But if the rental company is compensated for the equipment damage, that should be enough to remove the lien.
 
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not2cleverRed

Obvious Observer
You would have the OP admit that the equipment broke down due his negligence? Or is it your philosophy that anyone leasing personal property is an insurer of that property and thus is liable even in the absence of misuse?
Given the high value of construction equipment, it is very likely that any leasing agreement included language about the user being financially responsible for damage to the equipment beyond normal wear and tear. At least, that has been my experience.

OP has not adequately explained why they believe the equipment failure was not their fault. OP has also made no mention of insurance.
 

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