1250 Broadway, 27th Floor New York, NY 10001

THAT'S NOT WHAT I ORDERED!

j0430451.jpgIn Garber v. New Idea By S.E.P ., Vladimir Garber sued New Idea to recover a security deposit he had paid for a furniture order.

Garber ordered some custom-made furniture from New Idea but noticed it didn't conform to his specifications and immediately advised the merchant of the defect. After some four weeks, New Idea supposedly refused to accept the furniture's return.

When the Kings County Civil Court awarded Garber $3,000, representing the amount of the deposit, New Idea appealed to the Appellate Term, Second Department.

The AT2 required Garber to make the furniture available to New Idea within 30 days of its Order or face dismissal of his claim. (There was no evidence New Idea was going to deliver the correct furniture, and had neglected to do so in the seven month period since the initial nonconforming delivery.)

In a dissenting opinion, Justice Golia noted that since the parties' agreement provided "custom special orders may take up to 6 months for delivery," the four week period that Garber waited before filing his case didn't allow the company a sufficient opportunity to effect a cure. Golia believed New Idea had initially attempted to remedy the breach, and justifiably suspended efforts to address any irregularity once Garber's case was filed.

While it wouldn't be new, it'd probably be a good idea for this merchant to appeal to the Appellate Division, Second Department.

j0356584.gifTo download a copy of the Appellate Term's decision, please use this link: Garber v. New Idea By S.E.P

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