In Fulton Chevrolet Cadillac Co., Inc. v. Gurda , Michael Gurda was sued by an automotive repair shop.
Gurda brought his car to Fulton Chevrolet Cadillac Company to be fixed in May of 2006 and paid $2,725.13. Three weeks later, when his vehicle again malfunctioned and was repaired, he was sent another invoice for $2,774.70 -- which went unpaid.
Some three months later, when the car wouldn't work, Gurda supposedly allowed Fulton to sell the vehicle and to keep up to the amount of the unpaid charges. But since the car sold for only $1,500, and a balance of $1,274.70 remained, Fulton sued Gurda in the City Court of Middletown, Orange County, for the outstanding monies.
After that case was dismissed, an appeal to the Appellate Term, Second Department, followed.
Although Gurda's son testified Fulton had orally agreed to accept ownership of the car in full satisfaction of Gurda's debt, title to the auto was never transferred. Without proof an agreement had been reached, the AT2 was of the view Fulton was entitled to the monies sought and reversed the underlying determination.
Not that was a lemon!
To download a copy of the Appellate Term's decision, please use this link: Fulton Chevrolet Cadillac Co., Inc. v. Gurda