Some cases are unfathomable, particularly when you are reading about them for the first time on appeal.
In a small claim's case brought in the Bronx County Civil Court, Fred Blumenstein sued Shivani Refrigeration and Air Conditioning, Inc., and successfully recovered $200 in damages.
After an appeal -- which likely cost Shivani Refrigeration over $200 in fees and charges -- the Appellate Term, First Department, reversed the award in Blumenstein's favor. The appellate court concluded that Shivani was not liable for damages since the company had only offered Blumenstein a "repair estimate" and was neither retained nor paid to perform any services.
Last time we checked, an estimate is a rough approximation or calculation of work to be performed. It does not -- in and of itself -- create a binding or enforceable agreement or contract. So, why would the Bronx County Civil Court award Blumenstein $200? And, in view of the insubstantial nature of the sum in question, why would someone bother to incur the time and expense, and willingly undergo the aggravation, of appealing such a decision?
Since this case doesn't make sense to us on a number of levels, we're at a loss to explain why this dispute was ever aired.
For a copy of the Appellate Term decision in Blumenstein v. Shivani Refrigeration & Air Conditioning, Inc., please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_51371.htm