Legal Question in Civil Litigation in New York

''Car Wash''
I took my car to a drive through car wash. Prior to the vehicle going into the wash the employee pushed the mirrors back (I have a jeep grand cherokee) This is normal operating proceedure.I've been to this car wash many times over the last 14 years. When the employee pushed the mirror back on the drivers side there was a cracking noise. Now the mirror does not snap into place and moves back and forth as I drive. It is a heated mirror and the replacement is 150.00.The owner is willing to install the mirror if I buy it at cost 85.00. He claims to be mechanic. I already filed a claim in small claims court and his offer came after he was delivered the papers for the court hearing next Wednesday 11/20/02.The owner of the car wash looked at the car today and saw scratches under the mirror. He said it was probably broken already ( hit by someone or something)and when the employee pushed it, it finally broke. Should I let him do this or take my chances in small claims court? I'd appreciate a quick reply because I told the owner of the car wash I'd let him know by the end of the day today. Thank you, Jim Bartley

Asked on 11/15/02, 4:04 pm

David Slater David P. Slater, Esq.

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Re: ''Car Wash''

If you are confident he can fix it then settle and avoid the hassle.

Answered on 11/15/02, 6:13 pm

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