Legal Question in Consumer Law in New York

I have an issue with a lawn care service I hired & then fired. Our contract included a clause that if I cancelled the contract without giving 30 day notice, I would be charged a penalty fee. A term in the contract states the lawn would not be mowed if there was standing water in order to avoid damaging the sod. The service came & mowed when there were several inches of standing water & left some sod damaged. I fired the lawn care company. Now they want me to pay their penalty fee. Do I still owe it to them even though they broke the contract by damaging my lawn?


Asked on 8/05/15, 6:40 pm

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

No. You owe them for mowing the lawn minus any remedial cost measures associated with the damaged lawn. If I were you I would try to negotiate a deal to my advantage to continue the service. It is not easy to hire a lawn mowing company, and you want to foster good Karma.

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Answered on 8/05/15, 6:43 pm


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