Legal Question in Civil Litigation in New York

I entered into a contract which was done through emails. An estimate was given and agreed to for $9,600 and change and $5,000 was paid. I was ready willing and able to finish the job but was not allowed to by the client. the terms of the contract were 50% upon agreement of the proposal, 40% upon delivery of equipment and 10% upon final installation. The equipment was delivered on September 22, 2009 and the client has not tried to return it. I have filed in small claims court for the balance due and have now been countersued for $4,198.00 for failure to return deposit. There is a line in the contract that says in the event of a cancellation of a previously accepted proposal a 15% restocking fee for materials may be charged at the discretion of Integra Audio Video.
My question is since they have had the equipment for 5 months and the equipment cannot be returned are we beyond the point of a cancellation of the proposal? Never once was it mentioned to return the deposit until now; 2 weeks before the court date. Retaliatory?

Asked on 2/06/10, 9:49 pm

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

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tell the truth in small claims court and the judge will sort it out Please, forgive my typos (painful hands). Good luck!

Answered on 2/12/10, 1:27 pm

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