Legal Question in Civil Litigation in New York
A year ago I had discussions with a masonry to hold a party at their location. I wrote a $1,300 Certified Check (in my name) for the location. This check was presented to them but I did not sign the contract, the DJ did. I later cancelled the party due to a death in the family. The contract which I never viewed or signed stated I am only entitled 50% of my money back if it's within 30 days of the event (and it was) and the person's signature on the contract is responsible. I told the masonry to take up the issue with the DJ and return my $1300 which they refused to do so. I also accidentally overpaid $400 on the check which they also don't want to return to me. Am I entitled the $1,300 back and do I have a case? Please note I no longer am in contact with the DJ.
Also as a side note when I considered the 50% back just to avoid the complications they said the DJ can get it back and not me since my name wasn't on the contract, though the check I gave them was certified under my name.
2 Answers from Attorneys
You would seek return of the money from the DJ. In turn, the DJ would have to seek return of the money from the masonry.
Mike.
You can sue the DJ in small claims court. If you need representation, feel free to call me.
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