Legal Question in Business Law in New York

hello, I am a concessionaire I signed up and paid to setup at a local fairgrounds for the week. I did so In part because of there website and talking to them over the phone I was lead to believe that I would be able to make good money in the location they assigned me.

After 2 days now I am finding that the attendance to be very low, no foot traffic near me , and the price other venders charge to be to low to turn a profit adjusted to the cost of the space. So I would like to know if I have a case for small claims court to get back my space rent based on a reasonable expectation - I know business is business some win some lose but that is why I paid so much to be there, so I wouldn't lose

thanks for your answer, the contract says I had to pay $400 min +10% of gross so I believed $4000 was a realistic number for the week and it is common for this kind of work but after 2 days my sale are under $200. the contract has nothing in it about the organization cannot guarantee anything. so do you think I have a case


Asked on 8/28/13, 9:26 pm

1 Answer from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

That's still not enough information for any lawyer to give you a sufficient response. Even assuming the contract isn't dispositive, you might have a case if, for example, the Organizer stuffed you into a spot where you couldn't readily be seen; or perhaps the Organizer placed you between two of your competitors. There's also a possibility that your product simply wasn't appropriate for the time and place. I realize this is an exaggeration but, if you we're selling hot dogs and cheeseburgers at a health food fair, that would probably explain the lack of sales.

You are at a point where you should reach out to a lawyer. Some will be generous enough to give you an opinion right over the phone.

I wish I could answer your question but there are too many variables that need to be assessed such as the ones I pointed out above.

I hope this was somewhat helpful. Best of luck.

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Answered on 8/29/13, 5:38 am


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