Legal Question in Consumer Law in New York

I live in New York state, and commissioned a piece of artwork from an artist who lives and works in California. I paid the full amount of $3000 in September 2011. It is now October 2014 and I haven't received anything. The artist has been exceptionally rude and keeps promising the completion of the piece within a "few weeks" but never comes through. I want to know what course of action that I can take to make sure he fulfills his end of the bargain to me, or refunds my payment. I have kept a printed record of all of our online interactions which would confirm my story.


Asked on 10/10/14, 9:24 am

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

Your recourse is to sue him in California. As an artist, he is probably judgment proof. You should have placed the money in escrow with a third party pending the receipt of the art work before commissioning the painting. Lesson to the wise.

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Answered on 10/10/14, 3:29 pm


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