Legal Question in Consumer Law in New York
I hired a photographer for my wedding. It was a side business for her so she only charged me $400. She showed up on time and photographed nearly the whole wedding. I thought she was great until she started giving me the run around when it came to getting the pictures back to me. The first time I saw my July Wedding photos was in November, even though she promised I�d have them July 23rd, Aug 1st, Aug 5th, Aug 12th, and so on and so forth. When I looked through them, I noticed a lot of key moments missed and pictures I specifically took with certain relatives were not there. I asked about a picture of me with my grandparents and she said she found it and would email it, she never did. Despite all of this, I gave her a list of photos by their corresponding numbers in the photo gallery. I also gave her a list of photos I didn�t want in the album because I was not happy with them. I received the actual photos yesterday and I cried. Not only was the 11x14 the wrong picture, but it was one of the ones I said to leave out altogether because it was awful. Half of each of us was cut off! Then, I was completely dumbfounded when I opened the album and saw literally every picture I said I didn�t want! I emailed her right away wanting an explanation and she actually had the nerve to tell me she went along with the numbers I gave her as if I�m some kind of moron. I�d like to ask for enough money back to recreate the album and large prints myself using the website they�re on. If she refuses, do I have a solid case for small claims court?
1 Answer from Attorneys
I d/k enough about the claim although it sounds like you could go to SCC. However, I am not speaking as an attorney but as someone whose father passed away 6 months after the walked me down the aisle, grandfather 2 years after. I thought my album was destroyed (luckily, uncle/photo had the negs and I found the album where I hid it for safekeeping). I can tell you $400 is not worth it if you can just get everything back from her. Those photos can never be replicated even if all your relatives are alive.
Also, cases in SCC involve repeated trips, you have to sue the def in her county, long waits to have your case heard, this is an emotional topic to begin with, the courts are massively understaffed and overworked, they can order money not any photos/negs that may be missing...just reconsider.
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