Legal Question in Consumer Law in New York

Hello,

I purchased an Electrolux Refrigerator for $3k on 4/10.

The refrigerator was defective from day 1. I had 6 service visits and eventually Electrolux conceeded the refrigerator was 'Non-Functional' and delivered a replacement refrigerator on 3/11 [est 3 months ago].

Yesterday,...my 'new' refrigerator broke down and everything in the freezer is melted. I am BEYOND frusturated.

I called Electrolux and they said I need to wait until Monday to schedule a service repair.

I am exhausted with this situation. I do not want a repair anymore. I want my money back.

Can I sue? Where do I sue? NY Supreme Court or Civil?...or Federal?....would love to start a class action. The product is the Wave Electrolux/ side by side and when I google...it is obvious....I am not the only one with this problem. The refrigerator is defective.

Help!


Asked on 7/09/11, 8:01 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Initiate an action against the retailer, in the Small Claims Part of the Civil Court of the County you reside and where you purchased the item. You may not be able to sue the manufacturer in Small Claims Court because it is beyond the jurisdiction of the court; ask the clerk of the court.

You may also sue for ancillary expenses such as spoiled food and lost time from work and the hassle of not having a refrigerator (e.g., mileage back and forth to mother in law to store food in her refrigerator or buying prepackaged food because you could not store meat or chicken) . Call the Better Business Bureau and also the Consumer Affairs Dept. in the County you live in to deter further manufacture and sale of a defective product.

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Answered on 7/09/11, 8:33 am


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