Monthly Archives: October 2023

Best Buy Charged Customer For Purchasing Two HP Computers Minutes Apart

Was Purchaser Entitled to Refund From Store # 1448?

In the trial of a New York City Civil Court small claim action against Best Buy 1448, Rodolfo Zanetti alleged that he returned an Apple Mac Book and exchanged it for a Hewlett Packard laptop but that he was charged twice for the HP. Zanetti sought damages for the cost of the second HP, and the accrued interest on his Best Buy credit card. He previously rejected Best Buy’s offer to settle the matter for $1905.35, the cost of the computer, because it did not cover the interest accrued on the credit card. Zanetti provided a receipt dated September 18, 2020 at 17:11 for the exchange, investigation letters sent by Best Buy and credit card account statements as evidence.

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New Leaching Field Encroached Almost 2,000 SF on Neighboring 11 Acre Property

Small Claims Court Determines Amount of Damages Due to Unintentional Taking

In his small claims complaint, James K. McCormack sought $3,480.00 for an alleged encroachment of approximately twenty feet onto his property resulting from a new leach field associated with repairs to the septic system on the neighboring property owned by Derrick and Cystalyn Miller. The complaint stated that “this ruined the value of the property for me and an encroachment as such would make it difficult to sell my property and reduce its value. I want the appraised value of the property the leach field is on and its surrounding area (79′ × 25′) and the cost to separate it from the rest of my property.”

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Jessica Sold Washing Machine to Paulette on Facebook Marketplace

Was Defect in Appliance an Actionable Breach of Warranty?

Was an individual who purchased goods on Facebook Marketplace entitled to damages when the goods were defective? Did the seller breach an express warranty she made regarding the condition of the goods and therefore entitling the buyer to a refund of the purchase price?

Facebook Marketplace is an e-commerce platform that connects sellers and buyers of goods. Individuals with an active Facebook account can attempt to sell an item by creating a public listing that can be viewed by anyone on Facebook. The seller typically photographs and provides a description of the item listed. Interested buyers may then contact the seller through Facebook Messenger, an instant messaging application that allows the parties to privately communicate with each other.

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Smith Gambrell Russell New York Attorney Victor Metsch Receives NYS Courts Office for Justice Initiatives’ Access to Justice Pro Bono Award

ATLANTA (October 20, 2023) – Smith, Gambrell & Russell, LLP (SGR) is pleased to announce that New York attorney Victor M. Metsch has received the NYS Courts Office for Justice Initiatives’ Access to Justice Pro Bono Award for his outstanding work and dedicated service in the Civil Court Volunteer Lawyer Project. Mr. Metsch was presented with his award during a ceremony on October 19 held in celebration of National Pro Bono Week.

As a member of SGR’s Litigation Department, Victor Metsch focuses primarily in the area of commercial dispute resolution, which includes arbitration, mediation, appeals work, and litigation in the Federal, State and Surrogate’s Courts. He has developed extensive experience in the areas of banking, title work, brokerage, construction, architecture, and engineering as they apply to the purchase, sale, financing, design, development, construction, renovation, and leasing of commercial and residential real estate properties. Mr. Metsch also practices in the area of employment law and litigation where representations include both employers and employees.

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Residential Landlords Beware 14 Day Rule of GOL 7-108[e]

Did Failure to Comply Result in Forfeiture of Damage Claim?

Michael Gordon was a tenant of Arcadian Corp. N.V. at 160 Central Park South where she owns a condominium unit. He brought a small claims action for damages Arcadian failed to return his security deposit after he moved out on March 26, 2021. There was a dispute as to the date he vacated because he did not remove his furniture until May 25.

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Mom Asserted Son Was Bullied/Harassed at Tennis Program

Were Complaints to USTA Director Defamatory or Privileged?

A mother believed her son was bullied and harassed by another participant at junior tennis lessons, training and events. And so e-mailed to the sports’ governing body. s a recent case illustrates, the Court was called upon to determine if that communication was defamatory or privileged.

Melani Weitz reported, via email, to a United States Tennis Association official, that her son was being bullied by Matthew Porges at USTA junior tennis tournaments and at other tennis programs and events. The bullying ranged from offensive name-calling to physically menacing behavior, and it caused Weitz to fear for her son’s safety. Weitz “[couldn’t] understand,” she wrote, “how a child like [Porges was] allowed to continue to compete or even be associated with the USTA.” The email also noted that Porges had been “kicked out” of two tennis facilities and instruction programs on Long Island. Litigation ensued.

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Passenger Injured When Car Skids Off Road During Snowstorm

Was Drive Liable or Exonerated From Liability For Negligence?

Most of the facts that surrounded the happening of a single vehicle accident were not disputed. Yvette Fall, a passenger, Ryan Detomi, the driver, and three other occupants of a 2007 Kia Sorento were all students at Cazenovia College which is located near Syracuse, New York. The accident occurred just after midnight on the morning of April 7, 2018. The night before the accident four of the five occupants performed in a theatrical production of the play “Rent” at the College, the fifth occupant was in the audience. After the performance, the five occupants traveled together in the vehicle to a party. They left the college at around 10 P.M. and arrived at the party at 10:30 or 11:00 P.M. At his deposition Ryan Detomi testified that when he got in his vehicle after the show it was “snowing, [with] very close to white-out conditions.”  And testified that it took him approximately 20 minutes to drive to the party. As they traveled to the party the weather was “mixed precipitation” and the road was “pitch black.” On his route the speed limit varied between 30 MPH to 55 MPH but Detomi drove at an approximate speed of 15 to 20 because of the weather conditions. The group reached the party safely.

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Hejalian Demands DeConti Return Share of Deposit For St. Moritz Vacation

Was Friend Entitled to Return of $5,600 Paid on Account of Failed Trip?

The Court held a bench trial of this small claim matter at 111 Centre Street. Both parties appeared in-person and were self-represented.

Tracey Hejailan-Amon sued Isabella “Rupa” De Conti-Mikkilineni to recover $5,600.00 for breach of contract or warranty.

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Kelly and Crossman Collide at Entrance to Car Wash on Old Vestal Road

Accident Implicates Several V&TL Provisions & Contributory Negligence

In his Small Claims Court complaint, John Crossman sought $5,000.00 for damages to his vehicle, a 2010 Mazda 3, as a result of a collision he alleged was caused by Nora Kelly. Crossman’s vehicle was being driven by Inna Opatska at the time of the accident. According to the complaint, Opatska is the fiancé of Crossman’s son, John Crossman Jr., who was in the back seat with their one-year-old son when the collision took place.

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State Takes Part of Rockland Co. Strip Mall By Eminent Domain

Was Owner Entitled to Substantial Los of Space/“Severance”? 

When I took the prep course for the New York State Bar Examination 1969, micro-subjects– like eminent domain, zoning and the like–were mentioned and reviewed only in passing or not at all. Over the years I have learned that friends and colleagues turned those singular topics (worthy of only cursory review when studying for the “Bar”) into full-time and successful careers. And that each such area has a specific jurisprudential legacy of constitutional, statutory and decisional law. As a recent case illustrates, the “taking by eminent domain” of a small portion of a large suburban shopping center involved and invoked just one substrate of that complicated legacy–“severance damages”.

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