If my daughter’s mother brought a friend to my house and her friend broke my window, can I sue my daughter’s mother if she won’t tell me the name of the friend?

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If my daughter’s mother brought a friend to my house and her friend broke my window, can I sue my daughter’s mother if she won’t tell me the name of the friend?

Asked on February 12, 2012 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, you may not sue her for not telling you the name of this person. The law does not generally require person A to tell person B the name of person C, who damaged B's property or belongings. You could in theory file a lawsuit against the person who broke the window, listing him or her as "John Doe" or "Jane Doe," then issue a subpoena to your daughter's mother to obtain the window-breaker's name (only by instituting a lawsuit would you have access to tools, like subpoenas, to get this information), but it is impossible to believe that doing so is worth the cost and effort.


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