New York Consumer Legal Questions

What a horrible story! I am so sorry. Still, am I the only one who say the Brady Bunch "buyer beware" episode?! I guess my age is showing. In a private sale, unless you have some kind of guarantee (which I have NEVER seen), absent fraud or the failure to deliver title, you're stuck.  It doesn't sound like either one of these things happened.  Still, in an effort to avoid suit, maybe you can get the seller to give you at least a partial refund.  That would save them the hassle of a nuisance suit.... Read More

Good for you for filing your answer! I am curious about what you said. Generally you lose unless you can prove that you don't owe anything (because you never entered into a contract, you did not sign anything, already paid it off, etc.) OR because the contract was illegal (you did not have capacity to contract, the rate is illegal, there as fraud, etc.). If it's simply the case that you can't pay, then you will walk out with a judgment against you. You need to find a defense and then provide evidence to convince the court that you don't owe the debt. That is your mission, and it is fact-specific. If you do owe the money and just can't pay, then you might want to try reaching out and offering a settlement. While it might be too late for that, a bird in the hand is worth two in the bush, and the lender might accept a smaller lump sum to make this go away. Best of luck in working this out.... Read More

Ouch.  Insurance. What a hassle. I hate to say this, but it was YOUR job to be sure that the procedure was covered before you had it.  I'm sure there is a claims dispute procedure, and I suggest that you proceed with it along with the help of your dental office.  They'll likely need to help you support that coverage is warranted. I have had a case where the medical professional said everything was covered by insurance and no amounts were due and then a year later sent a bill to the patient for $1800.  They backed off on that, and perhaps you can cut a deal with the dentist if the insurance claim doesn't pan out.  Oftentimes insurance companies pay far less than private individuals, and I suggest you negotiate a reduced rate for the procedure. It's not clear how much is due or if you're able to pay, and those factors will play into what the dentist is willing to do. Hopefully you'll be able to work out something fair to everyone. Be sure that next time you have any type of medical or dental procedure that you first confirm coverage with your insurer.    ... Read More

If you allowed your son to take title in (his) 'name only', you may have a possible claim for the vehicle. However, if you gave him the car, then it is his property. It will depend on what the parties would state in court that a court would utilize in determining actual ownership. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com  ... Read More

So many questions today about bugs in food! Are you worried about what might be in your belly and not the bag? Generally you must suffer damages in order to bring a suit.  In fact, the Supreme Court has just accepted a case on that very issue.  Since you discovered the bug, did not eat it and didn't get sick, the extent of your damages is the cost of the bag of lentils. I'm sure your market would gladly refund to you your purchase price. I'm an old school fan of writing letters and bet if you wrote a letter to Goya telling them you liked their product until this happened so wanted to let them know, they just might send you coupons for more or other Goya products. Of course, you might not want any more food from Goya.  There is also some satisfaction in complaining:) It seems that in our country of suers there is a lawyer who will take any case, so it's possible that there's a lawyer in New York willing to sue Goya on your behalf over an uneaten dead ladybug.  If there is, let that lawyer do it on their dime and share the spoils of a nuisance settlement with you after deducting their retainer and expenses. My vote is to get your refund and move on isn't of stirring the pot of negative energy.... Read More

We are a nation of suers! Stop the madness! Your case is not even as strong as the tea. Were you damaged? I think not. Grossed out - yes, but real damage - NO. Forget about a legal action. By all means, complain to the manager and maybe you'll get free nail-plagued tea for life. Even if not, it might make you feel better. If you don't anything more than an apology, take your tea business elsewhere.... Read More