Legal Question in Civil Litigation in New York

I bought an outdoor furnace online form a business out of state. He delivered to me and spoke big about service after the sale. 3 months into the initial use I began to have issues. I tried to contact him and he would not answer my phone calls or emails. I repaired the issue myself. About 2 months after that I had another issue and did the same but still could not get him to answer. In the Spring of 2009, one year after I purchased it, I needed to make yet another repair and could not even get him to reply to my inquirery to where to get the parts I was looking for. This December the firebox burned through. I tried yet again to get him to return calls and emails to get this fixed under the warantee. He would not answer my calls. I then filed a Better Business Bureal complaint. I also put this ad for the sale of my story on Ebay. http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=250552134928&ssPageName=STRK:MEUSX:IT

Thanks to someone telling him about this ad he finally contacted me. He told me that he realised that this was an issue and that he wanted to do something to help but would not tell me what he would do but would call me after the weekend to let me know what he came up with. Now I see on my BBB complaint that he asked for an extension so that his lawyer would be able to investigate libel on my behalf. Am I at fault of this in any way due to this ad?


Asked on 1/23/10, 4:45 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You cannot be held for damages under a theory of libel if the factual statements made are true.

Mike.

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Answered on 1/29/10, 5:44 am


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