In Jeudy v. High Point Furniture Corp. , Linda Jeudy appealed a Suffolk County District Court decision which refused to award her the money she had paid to High Point Furniture Corp.
After her furniture arrived damaged and incomplete, Jeudy claimed she was told that High Point would retrieve the items and refund the purchase price.
High Point's witnesses disputed Jeudy's version of events and noted that when the company attempted to address the situation, and replace the missing and damaged pieces, the customer refused to cooperate.
Because the District Court was of the view High Point "had made an attempt to cure the non-conforming tender and [Jeudy] had prevented it from doing so," Jeudy's case was dismissed.
On appeal, the Appellate Term, Second Department, deferred to the trial court's assessment of the evidence and upheld the lawsuit's dismissal.
Not a High Point for Jeudy.
To view a copy of the Appellate Term's decision, please use this link: Jeudy v. High Point Furniture Corp.