Legal Question in Civil Litigation in New York

I purchased a custom wedding ring from a major jewelry corp and the ring the jeweler produced was initially the wrong size (jeweler's error). When we asked for them to re-make the ring in the right size the ring came back and was uneven (ruler showed ring was slanted on one side by 1.4 inch.). After we asked for this to be repaired the ring was still slanted. On what basis do we pursue a refund through the court since the Jewelry Corp verbally states (not written anywhere) that they don't refund custom pieces?


Asked on 1/15/10, 8:57 am

1 Answer from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

There are numerous grounds upon which you can potentially recover including breach of contract, breach of warranty and consumer fraud/deceptive trade practices.

If your claim is for less than $5,000.00 you can bring an action in Small Claims Court. However, if your claim exceeds $5,000.00, I would highly recommend hiring a laywer to sue on your behalf. Bringing an action in one of the higher courts requires a level of sophistication in the rules of civil practice which very few laypeople possess or have the time to learn.

I hope this is helpful.

Marshall

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Answered on 1/20/10, 4:07 pm


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