Challenge
Defended a client who was alleged to have purchased a specially manufactured product from a merchant.
Plaintiff alleged the defendant entered into an agreement for the provision of this specially manufactured product.
Solution
We represented the defendant in New York Small Claims Court.
We conducted a detailed consultation with the client. We discovered that the client never signed any writing or contract with the plaintiff for the specially manufactured product. The plaintiff is a merchant who regularly deals in goods of this nature. The defendant was not a merchant and was a consumer.
The claim proceeded by way of an arbitration hearing. We applied to have the matter dismissed before the parties went into evidence. The arbitrator heard our application, but wanted to hear evidence from both the plaintiff and defendant.
Result
Following a full arbitration hearing, the arbitrator decided that the plaintiff had failed to prove their claim against defendant.
We saved the defendant from having a judgment of almost $3,000 against her individually.