We purchased a Used Printer that was in working condition and printing up until it was unplugged and made ready to ship from a Vendor in NY on eBay for $19K and paid Vendor to Crate and Ship on Airride Truck at their recommendation. The vendor didn't take ordinary care in crating the Printer, nor did they ship on an Air ride Truck, and after we received and unwrapped Printer, there was extensive damage to the Printer and it will not work. The vendor has been telling us for months he will fix, send the repair tech out, etc. and if it can not be fixed he would refund our money. The vendor has not sent anyone out to fix and he has not refunded our money and he does not return e-mails, text or phone messages now. We have had our own authorized tech look at the machine and they say it is a total loss and would cost more to repair than it is worth. The vendor also charged us for some software that they have never delivered. What are our chance to settle this in litigation?
In NYC, anything up to $25,000 is a Civil Court matter, which is the lower level court between Supreme Court (regular trial court) and small claims. If this was not a total scam, and there really is someone to sue, then your case seems solid. I handle these cases on a flat fee if the case settles without a trial.
When you ask what are your chances to settle in this litigation, it sounds like someone already started a case for you. I can't comment on another attorney's work without seeing it, but it sounds like a good case, assuming you contacted the vendor promptly, documented all the damage, the lawsuit was drafted, filed and served properly, and the vendor isn't judgment-proof.
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