Irene Kleiner's copier was on the fritz and in need of repair so she hired a technician from a company known as the "World of Fax" to do the necessary work. Despite paying for the replacement of the machine's drum and developer, the copier still did not work to Ms. Kleiner's satisfaction. After a second technician (from a different establishment) was hired and replaced the same parts, Ms. Kleiner sued the World of Fax for damages caused by that company's failure to properly repair her machine.
After trial, a Rockland County Justice Court dismissed Ms. Kleiner's case. On appeal, the Appellate Term, 9th and 10th Judicial Districts, agreed with that outcome, noting that Ms. Kleiner had been unable to prove that the first technician had provided inadequate service or improperly performed the repairs in question.
No matter how sympathetic a litigant's case might be, courts will usually not take logical leaps. Claims of improper repairs should be supported with objective proof that the work performed or parts supplied did not meet the governing industry's standards or specifications. One way to satisfy that requirement is by securing an "expert"-- an individual with the relevant educational background or experience--who can offer testimony as to the deficient or irregular nature of the services or materials provided. Surmise, speculation or conjecture will not suffice.
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For a copy of the Appellate Term's decision in Kleiner v. World of Fax, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_50918.htm