Although he was legally entitled to retrieve his motorcycle, every time John McGrath went to his ex-wife's home, she rebuffed his efforts--claiming the vehicle was blocked by other items stored in the garage.
When he eventually recovered the bike, and found it in a "rusty" and "inoperable" state, McGrath filed suit. And when the Suffolk County District Court found his "ex" wasn't liable for the deteriorated condition, McGrath appealed.
Because his "ex" refused access, and failed to properly care for the bike while it was in her custody, the Appellate Term, Second Department, reversed. But, interestingly, even though the cycle was worth about $2,800, McGrath was only awarded $500.
To view a copy of the Appellate Term's decision, please use the following link: McGrath v. Dangio