Legal Question in Business Law in New York

Unposted price changes at a pizza restuarant

My question is about posting prices in a restaurant for food items. I was in a restaurant and they have menu's with prices on them. However, many of the prices have changed. The owner says he isn't responsible to print the new prices anywhere and that his ''prices are subject to change'' line, on the bottom of his menu, covers the situation. He told me that he printed 10,000 of these brochures and he intends to use them anyway . He flat out called me an idiot for not understanding that prices change without notification and told me frankly that he didn't need my business. I expressed to him that he should really post something or change the menus. But he expressed an unwillingness to post the new prices anywhere. So what happens is that an item is ordered and when the time comes to pay for it the ''new price'' is charged causing an unexpected higher amount to be required to be paid for the item. I think this is misleading and bad business practice at the least but legally is there anything that can force him to post his new price somewhere? He doesn't even post a menu board above the counter that can be changed. This is a small pizzeria. Shouldn�t he be legally bound to at least post a larger sign saying ''PRICES HAVE CHANGED''? Thanks.


Asked on 10/05/04, 2:59 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Unposted price changes at a pizza restuarant

I agree with Stephen, that the costs do not make a suit practical. However, maybe a complaint to your local consumer affairs office or the State Attorney General will get an investigation and you some satisfaction.

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Answered on 10/11/04, 10:09 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Unposted price changes at a pizza restuarant

Yes, from a strict contractual perspective you are probably right. You can certainly file a complaint with the Attorney General if you choose, but from a practical perspective your damages for the change in price are probably less than even the filing fee that you would have to spend in small claims court.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 10/06/04, 9:36 am


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