Legal Question in Consumer Law in New York

sears stole my range

i purchased a range from sears on 3/15/07 they delivered it on 3/16/07. they removed the old range from my home and instead of putting it outside my home like they always do they hauled it away. sears agreed that they were wrong for doing this. the range was in good condition and they took it to there recycling center. i was going to put this range in another apartment. i've been going back and forth w/ sears for months now they agree i should be compensated but they keep giving me a run around . im out of a 846$ range. what can i do


Asked on 6/29/07, 11:02 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: sears stole my range

If Sears has agreed in writing that they were wrong, you can sue them in small claims court. If they have not put it in writing, the statute of frauds will be a small problem. You can still sue them, but you will have to prove every element of the action, that they were wrong, the condition of the old range and its value.

I would write them a final letter confirming all your discussions and giving them thirty days to resolve the issue, through payment or a replacement range. Failing that start an action in small claims court.

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Answered on 7/01/07, 9:52 am


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