QUESTION
Do I have a cause of action given the circumstances described below?
Asked on Oct 29th, 2019 on Breach of Contract - New York
More details to this question:
When I was moving from my house in LI to an apt in NYC, I hired a business to handle my "estate sale," in which it handled of my furniture a two-day open-house sale to the public of much of my furniture & furnishings. In addition to the percentage from the sales that the business received for goods sold during those two days, I & the business agreed that, from among the unsold items, it would, for subsequent sale, take to its showroom selected items, w/ it splitting w/ me 50% of its receipts for the sale of those items. The business, however, after initially answering or returning my phone calls inquiring about its progress re these sales (it each time represented there had as yet been none), eventually ceased to do so and has, to date, never remitted to me any monies for or a statement of the items sold. Our agreement was, in all aspects, verbal. Do I, in New York State -- where all these events occurred -- or federal court have any recourse, either civil or criminal or both?
2 ANSWERS
1 Award
You can sue, but you have a proof problem. The service is not likely to support your story.
Answered on Nov 04th, 2019 at 7:43 PM
2 Awards
If you are both resident in New York, you would likely bring a breach of contact action in New York state court. If the amount at issue is less than $5,000, you'd bring the case in small claims court. If its less than $25,000 you'd bring it in civil court. If its more than $25,000 you'd bring the action in the Supreme Court. You might also consider checking if the company's website contains "Terms & Conditions" as they that might direct where you must bring an action to recover your money and otherwise give you a sense of what terms governed your arrangement with them.
Answered on Oct 30th, 2019 at 10:14 AM
Lou Russo RUSSO LAW LLC info@russolaw-llc.com 929-292-1101 www.russolaw-llc.com