[DOWNLOAD] "Berland v. Gino Fashion Tuxedos" by Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts # Book PDF Kindle ePub Free

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eBook details

• Title: Berland v. Gino Fashion Tuxedos
• Author : Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts
• Release Date : January 30, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

In this small claims action seeking to recover the amount defendant charged to plaintiffs credit card, substantial justice was not done in accordance with the rules and principles of substantive law (UDCA 1084, 1807). The evidence presented at trial by plaintiff, and not disputed by defendants representatives, supports the conclusion that to the extent that any agreement for tuxedo rentals for plaintiffs upcoming wedding was made (a question this court need not reach for the reasons stated below), it was for an October wedding date and was cancelled in March, at least six months prior to the wedding date. The form on which the purported agreement was made (which is not denominated as an agreement or contract, and which gives no indication of its contractual nature until one reaches the fine print at the bottom) states that the "deposit" will be forfeited upon cancellation, but no amount is designated on the form as the deposit. In addition, it provides for "liquidated damages" of a specified percentage of the total rental price in the event of cancellation. Defendant charged plaintiffs credit card a total of $804.69 following her cancellation of the contract.

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